A Community Guide - Federation of Calgary Communities
Transcription
A Community Guide - Federation of Calgary Communities
Fourth Edition 2008 Updated 2010, 2012 A Community Guide to the Planning Process 1 2 Credits Credits First Edition Second Edition Third Edition Fourth Edition Updates 1994 1998 2002 2008 2010, 2012 Prepared by the Federation of Calgary Communities and The City of Calgary, Land Use Planning & Policy with the assistance of other groups and individuals. Grant assistance from: 1994 Affordability and Choice Today (A.C.T.) Program (a joint initiative of the) Federation of Canadian Municipalities Canadian Home Builders’ Association Canada Mortgage and Housing Corporation Thanks to: Alberta Association of Architects Alberta Association of Designers & Architectural Technologists Calgary Home Builders’ Association Urban Development Institute 2002 2002 Updates: Calgary Community Lottery Board 2008 2008 Edition: Alberta Real Estate Foundation Thanks to Calgary Real Estate Board Canadian Homebuilder’s Association, Calgary Region City of Calgary – Community Transportation City of Calgary – Development and Building Approvals City of Calgary – Land Use Planning & Policy Community Association volunteers - advisors and interview participants Community Mediation Calgary Society Planning Program, Faculty of Environmental Design, University of Calgary Urban Development Institute, Calgary And the many individuals involved with these organizations who helped with this update of the Guide. And a special thanks to Cathy Taylor, Robin Thompson (2008) and Bruce Cooper (2012) Design & Photography by Alyssa Polnick A Community Guide 2008 / Federation Update 01.2012 III iv Contents Contents Updates Page 1 Contacts & Resources 2 Chapter 1: Introduction 7 Chapter 2: Planning In Calgary 9 A. Principles of Good Planning B. Overview of Planning C. The Hierarchy of Plans -MDP and CTP (Plan It) D. The Land Use Bylaw E. Changing Rules, Plans & Policies F. Other Planning Considerations - Safety - Heritage Resources - Transit-Oriented Development (TOD) - Public Realm Improvements - Improvements to Facilities - Community Gardens - Care Facilities - Secondary Suites - Child Care Policy 10 14 17 Chapter 3: Roles 35 Role of the Community Association Role of the Public & Neighbours Role of the Applicant Role of the CPAG & the Development Authority Role of Calgary Planning Commission Role of the Urban Design Review Panel Role of Aldermen & Council Role of the Federation of Calgary Communities 36 37 39 39 41 43 43 46 Chapter 4: Community Association Planning Committees 47 48 A. B. C. D. E. F. G. H. A. General A Community Guide 2008 / Federation Update 01.2012 26 30 33 33 34 34.1 34.2 34.3 34.5 34.5 34.7 34.8 v Contents B. C. D. E. F. Committee Membership Guidelines for Planning Committee Operations Principles for Planning Committees Making Meetings Work Dispute Management 49 50 52 56 60 Chapter 5: Implementation Planning 65 A. Land Use Designation - Making Presentations to Council B. Subdivision C. Development Permit Applications - Contextual Rules - Role of the Infill Guidelines D. Signs E. Certificate of Compliance F. Development Completion G. Development Inspection Services H. Business Licence I. Tenancy Change J. Home Occupations K. Building Permit L. Occupancy Permission M. Building Construction & Demolition Site Management Code of Practice N. Cell Phone Towers 66 74 79 88 100 100 103 103 104 104 105 106 106 107 108 108 Chapter 6: Subdivision & Development Appeals 111 Chapter 7: Community Traffic Issues 119 109 Appendix A: Sustainability Principles for Land Use & Mobility 125 6 Appendix B: Land Use Districts Summary - Secondary Suites 131 143 Appendix C: Engage Spectrum of Strategies and Promises 145 Appendix D: Summary of Plans & Permits - Circulation Lists 149 Appendix E: Glossary of Common Planning Jargon 155 Appendix F: Measurements of Area & Density 171 Appendix G: Index & Additions 177 A Community Guide 2008 / Federation Update 01.2012 Updates Page Updates Page The Community Guide to the Planning Process is periodically updated with additional or replacement pages. When an update is provided for a section of the Guide, this page will also be replaced. Contact the Federation of Calgary Communities or visit their website at www. calgarycommunities.com for the latest updates, and to join a contact list to be notified of the latest updates. The Guide is also posted on The City of Calgary website. If you see something that needs updating, or have a suggestion to add something to the Guide, contact the Federation’s community planner. Updates March 2010 (03.2010): Chapter 6: SDAB, pp. 111-118 August 2010 (08.2010): January 2012 (01.2012): • Table of Contents • Updates Page, p. 1 • Contacts and Resources, pp. 2 - 7 • Chapter 1, pp. 7.1 - 8 • Chapter 2, pp. 9 - 34.8 • Chapter 3, pp. 35 - 46.2 • Chapter 4, pp. 47 - 56 • Chapter 5, pp. 65 - 70, 81 - 102.1 • Chapter 7, pp. 121 - 122 • Appendices cover page, pp. 123 - 124 • Appendix A, pp. 125, 126 • Appendix B, pp. 133 - 136, 141 - 144 • Appendix C, pp. 145 - 148 • Appendix E, pp. 155 - 170 • Appendix F, pp. 173 - 176 • Appendix G, pp. 177 - 178 • Cover • Credits • Table of Contents • Updates Page, p. 1 • Contacts and Resources, pp. 2 - 6.2 (former p. 7, note page # correction) • Chapter 1, p. 7 (former 7.1, page # correction) • Chapter 1, p. 9 • Chapter 2, pp. 17, 19, 21, 25-25.2, 31, 34.5-34.7 • Chapter 3, pp. 35, 40, 45-46 • Chapter 5, pp. 65, 68, 70, 87, 89-97, 99, 104, 105,109-110.1 • Appendices cover page, p. 123 • Appendix A, pp. 125, 126 • Appendix B, pp. 131, 138, 141 • Appendix E, pp. 155, 159 Note: The Index has not been updated Note: The Index has not been updated A Community Guide 2008 / Federation Update 01.2012 1 Contacts & Resources Contacts & Resources Federation of Calgary Communities Suite 301, 1609 14th Street S.W. Calgary, AB T3C 1E5 Phone: 403-244-4111 - Community Planner Extension 203 Fax: 403-244-4129 Email: [email protected] Web: www.calgarycommunities.com Partners In Planning – upcoming planning workshops Web: www.calgarycommunities.com > Workshops and Events Other planning information Web: www.calgarycommunities.com > Services Offered > Urban Planning City of Calgary - General All City departments can be reached by calling 3-1-1 within Calgary or 403-268CITY. The search function on the front page of The City of Calgary website is a useful way of finding web-based information; www.calgary.ca City of Calgary – City Council General information and links to Council agendas, minutes, webcasts and video at www.calgary.ca > Council. For administrative information and Council Policy Library, click on “Council Agendas, minutes, and video archive” and see the links on the left. Aldermen Phone: 403-268-2430 Fax: 403-268-8091 or 403-268-3823 Email: [email protected] Web: www.calgary.ca/aldermen Courier Address The City of Calgary Aldermanic Offices (8001) 700 Macleod Trail South S.E. (Old City Hall) Calgary, AB T2G 2M3 Mailing Address Aldermanic Offices (8001) P.O. Box 2100, Station M Calgary, AB T2P 2M5 2 A Community Guide 2008 / Federation Update 01.2012 Contacts & Resources The Mayor Office of the Mayor The City of Calgary P.O. Box 2100, Station M Calgary, AB T2P 2M5 Phone: 403-268-5622 Fax: 403-268-8130 Email: [email protected] Web: www.calgary.ca/mayor City of Calgary – Planning www.calgary.ca/PDA Planning, Development & Assessment Organization Chart Planning, Development & Assessment Assessment Activities Property & Business Assessment: • Prepare • Communicate • Defend Development & Building Approvals Activities • Industry liaison / Advisory services • Development and building permits/compliance • Business license permits/ compliance • Development engineering & agreements • CPC / UDRP administration • Levies & development cost review • Customer Advisory Services • Land Use Bylaw A Community Guide 2008 / Federation Update 01.2012 Land Use Planning & Policy Activities • Municipal Development Plan • City-Wide policy • Community planning • Intermunicipal & Regional Planning • Centre City Implementation • Heritage • Technical & Business Services • Land use and subdivision • Outline plans & road closures Centre City Implementation Activities • Branding • Operating budget coordination • Capital projects coordinating • Performance measures 3 Contacts & Resources Calgary Planning Commission – see next section Development & Building Approvals Municipal Building, 3rd and 4th Floor, 800 Macleod Trail S.E. Phone: 3-1-1 within Calgary or 403-268-5311 Fax: 403-268-8178 Email: [email protected] Web: www.calgary.ca/dba Mailing Address: Development & Building Approvals PO Box 2100, Station M (#8108) Calgary, AB T2P 2M5 Development Inspection Services Phone: 3-1-1 within Calgary, or 403-268-5491 Development Enforcement (Complaints) Phone: 3-1-1 within Calgary, or 403-268-5311 Building Regulations Building without a Permit (complaints) Information on the Practical Guide for Construction Sites Phone: 3-1-1 within Calgary, or 403-268-2489 For inquiries only: Building, Electrical, Plumbing & Gas, Heating & Ventilation Phone: 3-1-1 within Calgary or 403-268-2738 Business Licence Municipal Building, 3rd Floor, 800 Macleod Trail S.E. Phone: 3-1-1 within Calgary, or 403-268-5521 Fax: 403-268-2291 Email: [email protected] Mailing Address Business Licence Division PO Box 2100, Station M Calgary, AB T2P 2M5 Land Use Bylaw 1P2007 To Purchase: Please contact the Planning Information Centre Phone: 3-1-1 within Calgary, or 403-268-2489 Online at www.calgary.ca/landusebylaw For Bylaw related questions specific to an application, please contact Development & Building Approvals 4 A Community Guide 2008 / Federation Update 01.2012 Contacts & Resources Land Use Planning & Policy Municipal Building, 4th Floor, 800 Macleod Trail S.E. Email: [email protected] Web: www.calgary.ca/planning Mailing Address: Land Use Planning & Policy PO Box 2100, Station M (#8117) Calgary, AB T2P 2M5 Citywide & Intermunicipal & Regional Planning Phone: 3-1-1 or 403-268-5331/ 403-268-5306 New Communities 403-268-5306 Municipal Development Plan (MDP), Calgary Transportation Plan (CTP), and User Guide Web: www.calgary.ca/mdp Sustainable Community Planning (existing communities) Phone: 3-1-1 or 403-268-5331/ 403-268-5306 Centre City Planning & Design Phone: 3-1-1 or 403-268-1502 Web: www.calgary.ca/centrecity Heritage Planning Phone: 3-1-1 or 403-268-5833 Web: www.calgary.ca/heritage Planning Applications by Community New planning applications are posted every Tuesday on The City website in a PDF file. www.calgary.ca > Search for Planning Application Listings. Applications for land use changes, outline plans and road closure applications are also listed at www.calgary.ca/applicationsmap. See also MyProperty in the next section Planning Information Centre (Document & Map Sales) Municipal Building, 3rd Floor, 800 Macleod Trail S.E. Calgary, AB T2P 2M5 Phone: 3-1-1 within Calgary, or 403-268-2489 Fax: 403-268-4615 Email: [email protected] More information and Online Publications: www.calgary.ca/planning > Planning Publications Also see the City Council Policy Library at City Clerks, which includes some planning related documents. www.calgary.ca > search: Council Policy Library A Community Guide 2008 / Federation Update 01.2012 5 Contacts & Resources Subdivision and Development Appeal Board – see next section City of Calgary - Other Contacts Calgary Planning Commission For information contact: Secretary, Calgary Planning Commission The City of Calgary Development & Building Approvals 4th Floor, Municipal Building, 800 Macleod Trail S.E. Phone: 3-1-1 Information including agendas and a list of CPC members is on The City website: www.calgary.ca/calgaryplanningcommission Calgary Police Service – Crime Prevention Unit (CPTED, etc.) Calgary Police Service 133 Sixth Avenue S.E. Calgary, AB T2G 4Z1 Phone: 403-206-8150 Email: [email protected] Web: www.calgarypolice.ca > Sections and Units > Crime Prevention City Clerk’s Office (City Council and Committee hearings) Old City Hall (Sandstone Building), 700 Macleod Trail S.E. Calgary, AB T2P 2M5 Phone: 403-268-5861 Fax: 403-268-2362 Email: [email protected] Web: www.calgary.ca/cityclerks Mailing Address: City Clerk PO Box 2100, Station M (#8007) Calgary, AB T2P 2M5 City Council Policy Library (City Clerks department) This includes Council policies on planning and other items. Web: www.calgary.ca > search: “Council Policy Library” Community Transportation (community traffic studies, traffic calming) Transportation Planning Business Unit – Transportation Solutions Calgary Municipal Building, 7th Floor, 800 Macleod Trail S.E. Mailing Address: P.O. Box 2100, Station M, (#8124) Calgary, AB T2P 2M5 Phone: 3-1-1 within Calgary or 403-268-2489 6 A Community Guide 2008 / Federation Update 01.2012 Contacts & Resources Fax: 403-268-1874 Web: www.calgary.ca > search: “community traffic concerns” Corporate Properties & Buildings (Encroachments, Sales & Leasing) Municipal Building, 12th Floor, 800 Macleod Trail SE Phone: 3-1-1 within Calgary, or 403-268-2489 Fax: 403-268-1948 Email: [email protected] Web: www.calgary.ca/corporateproperties Mailing Address: Corporate Properties PO Box 2100, Station M (#8052) Calgary, AB T2P 2M5 Engagement Resource Unit / Customer Service & Communication Phone: 3-1-1 Email: [email protected] MyProperty – www.calgary.ca/MyProperty Through “My Property”, you can look up City of Calgary information about: - The land use designation or zoning of property - Any building permit or development permit issued on a property in the last three years - Some policy plans that may impact a property (note: data may be incomplete; on specific applications check with City staff) You can look up individual properties or look at a map of several blocks. Subdivision & Development Appeal Board Deerfoot Junction Building (DJ3), 4th Floor, 1212 31 Avenue N.E. Phone: 403-268-5312 Fax: 403-268-5982 Email: [email protected] Web: www.calgary.ca/sdab Mailing Address: City Appeal Boards, The Subdivision & Appeal Board PO Box 2100, Station M (#8110) Calgary, AB T2P 2M5 A Community Guide 2008 / Federation Update 01.2012 6.1 Contacts & Resources Other Contacts: Calgary Regional Partnership Calgary Metropolitan Plan Web: www.calgaryregion.ca Community Mediation Calgary Society Suite 640, 1300 8th Street S.W. Calgary, AB T2R 1B2 Phone: 403-269-2707 Fax: 403-269-2804 Email: [email protected] Web: www.mediation.ab.ca Province of Alberta Land Titles Service Alberta Building 710 - 4 Avenue S.W. Calgary, AB T2P 0K3 Phone: 403-297-6511 Fax: 403-297-8641 Email: [email protected] Web: www.servicealberta.gov.ab.ca > Land Titles Department of Municipal Affairs Web: www.municipalaffairs.gov.ab.ca Queen’s Printer (Municipal Government Act online) Web: www.qp.gov.ab.ca > search for Municipal Government Act Department of Sustainable Resource Development Web: www.srd.alberta.ca Alberta Land-Use Framework Web: www.landuse.alberta.ca Calgary Horticultural Society Community Gardens Phone: 403-287-3469 Fax: 403-287-6986 Website: www.calhort.org Email: [email protected] 6.2 A Community Guide 2008 / Federation Update 01.2012 Chapter 1 Chapter 2 Chapter 3 Chapter 1: Chapter 4 Chapter 5 Introduction Chapter 6 Chapter 7 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G A Community Guide 2008 / Federation Update 01.2012 7 Chapter 1: Introduction Guide to the Planning Process Community associations have an important role to play in planning. They help to shape and communicate community goals and aspirations in both policy planning and implementation of plans. They are repositories of local knowledge and history. They provide City authorities and development applicants with advice and insight into neighbourhood issues, concerns, and desires. The Federation of Calgary Communities and The City of Calgary appreciates the many hours community association volunteers commit to ensuring that development makes a positive contribution to our city. As Calgary grows and we seek more sustainable ways of living the voices of community associations help to manage community change in a way that is respectful of community character, mindful of the future, and that balances the interests of the neighbourhood with the interests of Calgary as a whole. The purpose of the Guide is to help community volunteers deal with planning issues in an effective and rewarding manner. It is also hoped that the Guide will help to promote positive and productive working relationships among communities, applicants, City staff and all the players in the planning process. The Guide has been prepared by the Federation in cooperation with The City of Calgary, and with information from various other sources, with community association users in mind. Planning policies and rules often change. So while the Federation will do its best to keep this Guide current and accurate, The City of Calgary will always be the most up-to-date and authoritative source of City information on a current basis. Note: Important terms that appear occasionally (e.g. relaxation) are usually bolded in the text and can be found in the Glossary appendix. Important terms that appear regularly (e.g. land use amendment) are sometimes only bolded In brief, the purpose of this Guide is to: • Provide you with a basic understanding of the policy context and legal framework within which planning operates • Clarify the roles, rights and responsibilities of the many stakeholders • Help you with the task of reviewing planning applications • Describe the various steps of the planning process • Provide advice for planning committee operation • Let you know where you can get more information the first few times they appear. These terms and others may be found in the Glossary and are often more fully described in a section of the Guide, so check the Table of Contents and Index as well. 8 The Community Guide to the Planning Process was first published in 1994 as part of the Planning Education Program, and has been updated periodically ever since. The Federation of Calgary Communities intends to update this document regularly. See the Updates Page for further information. A Community Guide 2008 Chapter 1 Chapter 2 Chapter 3 Chapter 2: Chapter 4 Chapter 5 Planning In Calgary Planning in Calgary includes: A. Principles of Good Planning - updated 08.2010 B. Overview of Planning - updated 08.2010 C. The Hierarchy of Plans - updated 08.2010 D. The Land Use Bylaw E. Changing Rules, Plans & Policies - updated 08.2010 F. Other Planning Considerations - Safety - Heritage Resources - Transit-Oriented Development (TOD) - Public Realm Improvements - Improvements to Facilities and Amenities on City-owned land - new 08.2010 - Community Gardens - updated 01.2012 - Care Facilities - updated 01.2012 - Secondary Suites - updated 01.2012 - Child Care Policy - new 08.2010 A Community Guide 2008 / Federation Update 01.2012 Chapter 6 Chapter 7 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G 9 Chapter 2: Planning In Calgary A. Principles of Good Planning “Good planning” is a general concept – there is no single approved statement of what good planning consists of. Over time a number of principles, concepts and practices have been accepted as bases for good planning: • Create and maintain aesthetically appealing, orderly and comfortable communities. • Promote sustainable development that meets the needs of the present, without compromising the ability of future generations to meet their own needs. • Evaluate the physical and use impacts of a proposal, and attempt to minimize any negative impacts and maximize positive impacts. • Respect the landowner’s right to the use and enjoyment of their land and restrict those rights only to the extent necessary for the greater public interest. • Protect and promote the health, safety and welfare of the public. • Consider ecological and environmental impacts. • Consider impacts on culture, heritage and community. • Protect the public interest when managing growth and development, including efficiency in the development, delivery and use of infrastructure. • Encourage public participation in planning decisions. This includes informing the public of proposals that would affect them, and soliciting and considering their opinions. • Maintain fair planning processes in which good development can flourish. • Recognize the responsibility of planners to implement the rules and policies established by the appropriate authorities (e.g. City Council or other levels of government). 10 A Community Guide 2008 Chapter 2: Planning In Calgary C. The Hierarchy of Plans 2 Province of Alberta The Municipal Government Act Subdivision Regulation Alberta Building Code Alberta Land Use Framework South Saskatchewan Regional Plan Policy Planning Documents & Bylaws Calgary Metropolitan Plan Local Area Plans: a) Regional Context Studies b) Community Plans Municipal Development Plan c) Area Structure Plans Land Use Bylaw d) Area Redevelopment Plans Implementation Special Planning Studies Design Briefs Other Business Unit Policy Documents Redesignation Subdivision A Community Guide 2008 / Federation Update 01.2012 Development Permit Building Permit 17 Chapter 2: Planning In Calgary keeping with its policies. Amendments to the MDP require a public hearing of City Council. The MDP includes information on how it is to be interpreted and implemented; city-wide goals, objectives and policies (outlined below); a discussion of different areas of the city and policies for their evolution; policies for different types of development; a description of the future transportation network; and maps that illustrate the plan. Calgarians involved in planning issues should read the MDP to get an understanding of the City’s direction, implications of the plan, and how citizens and communities can participate in its implementation. This Guide offers only a brief introduction to the MDP. See Chapter 5 for more information on how policy plans and other factors are used in Implementation Planning. Direction of the MDP and CTP Calgary’s population is expected to more than double over the next 50-60 years (the time horizon envisioned by the Plan It Calgary process), and to become older. How do we support growth and demographic change in a fiscally, environmentally, and socially responsible way? The general intent of the MDP/CTP is to direct more growth to the existing city footprint, and less to greenfield development. A central idea is that more intense/dense development would be organized around a Primary Transit Network of very high frequency transit service. This Primary Transit Network would connect activity centres - centres of population, jobs and services - and linear corridors of activity. This structure is to be accomplished through strategic redevelopment of some existing areas/ corridors and also greenfield development. The goal is for the majority of Calgarians to live within walking distance of the Primary Transit Network, and for Calgary to evolve a relatively more compact urban form over time. Goals and Objectives of the MDP The following is adapted from MDP educational material. For a full discussion of the Goals, Objectives and enabling Policies of the MDP, see the MDP Part 2. 1. Prosperous economy Build a globally competitive city that supports a vibrant, diverse and adaptable local economy, maintains a sustainable municipal financial system and does not compromise the quality of life for current and future Calgarians. • • • • Create urban form and mobility systems to support a prosperous economy Attract and retain people and business Support a healthy natural environment Sustainable municipal finances 2. Shaping a more compact urban form Direct future growth of the city in a way that fosters a more compact efficient use of land, creates complete communities, allows for greater mobility choices 18 A Community Guide 2008 / Federation Update 08.2010 Chapter 2: Planning In Calgary and enhances vitality and character in local neighbourhoods. • Strategic intensification • Vibrant Centre City • Activity Centres (concentrations of population and jobs) • Corridors (linear areas of activity along primary transit corridors) • Redevelopment of brownfields and greyfields • Link land use and mobility decisions Typologies Calgary consists of distinct geographic and functional areas that share common attributes with other areas across the city. Similar land use patterns, road layout, age of the buildings and the 2 stage within a community life cycle help to define an area in terms of its 3. Great communities Create great communities by maintaining quality living and working environments, improving housing diversity and choice, enhancing community character and distinctiveness and providing vibrant public places. development form and how it functions. They also provide determinants of how the area might change and transform in the future. These broad geographic areas, defined as “Typologies” are • • • • • • Provide greater opportunities for housing choice Sensitivity to local character Protect heritage resources and values Create quality public spaces, parks and other community amenities Provide for a full range of community services and facilities Support community engagement and understand local needs shown on the Urban Structure Map (Map 1 in the MDP). Typology-based policies supplement other policies contained elsewhere in the MDP providing interpretation of broad, citywide policies within the context of a specific area to help provide guidance to 4. Urban design Make Calgary a livable, attractive, memorable and functional city by recognizing its unique setting and dynamic urban character and creating a legacy of quality public and private developments for future generations. • • • • A beautiful and memorable city Promote design excellence Attention to built form – buildings, landscaping, streets, communities Enhance the public realm 5. Connecting the city Develop an integrated, multi-modal transportation system that supports land use, provides increased mobility choices for citizens, promotes vibrant, connected communities, protects the natural environment and supports a prosperous and competitive economy. planning and development processes. The typologies are: Centre City (including Downtown) Activity Centres • Major Activity Centre • Community Activity Centre • Neighbourhood Activity Centre Corridors • Urban Corridor • Neighbourhood Corridor Developed Residential Areas • Inner City • • • Create local destinations and mixed use areas that support active transportation (e.g. activity centres and corridors) Land-uses that support the Primary Transit Network Industrial lands with access to skeletal road system and regional highways. 6. Greening the city Conserve, protect and restore the natural environment • Established Developing Residential Areas • Planned Greenfield • Future Greenfield Industrial Areas • Standard Industrial • Industrial-Employee Intensive • • • Maintain strong connections between Calgary and its regional ecological systems Create ecological networks within the city Protect biodiversity and natural areas A Community Guide 2008 / Federation Update 01.2012 • Industrial Greenfield (Adapted from Municipal Development Plan, The City of Calgary, 2009) 19 Chapter 2: Planning In Calgary • • Green infrastructure Reduce energy demand and promote alternative energy sources 7. Framework for Growth & Change As stewards of the land within its jurisdiction, the City of Calgary will provide leadership on growth and change within a strategic framework that achieves the best possible social, environmental, and economic outcomes while operating within The City’s financial capacity. • • • • • • Linking municipal financial decisions and infrastructure capacities Align business units, work programs and budgets Public accountability Land supply policies Intensification Targets –30 & 60 year Core Indicators and Targets The Framework for Growth and Change is more fully discussed with a chart on page 22. The Guide to the MDP and CTP: The Guide to the MDP and CTP is a frequently updated document that was created to provide common understanding within Administration, industry and in the community on how MDP and CTP will be applied and implemented, particularly in development application decisions. The Guide: • • • • Provides interpretation of key policies, metrics and calculations Describes the role of local area plans (ARPs, etc.) and the MDP in development decisions Indicates when a local area plan might be needed, or amended, in response to development Describes an escalation process for disagreements on interpretation It is recommended the community planning representatives review the Guide to the MDP, which is online at www.calgary.ca/mdp Monitoring the MDP/CTP The MDP and CTP are living documents. To evaluate progress toward the policy direction of the MDP and CTP, a broad spectrum of indicators and targets has been developed. The Core Indicators for Land Use and Mobility can be found in the MDP Part 5, Figure 5-2. These indicators are proxy measures for the social, environmental and economic performance of the MDP and CTP. They are intended to track the overall progress towards achieving the goals and objectives. The reporting of the indicators will happen in advance of each 3-year business cycle of City Council (when budgets and Council Priorities are set), and will also inform 10-year major reviews of the MDP/CTP. 20 A Community Guide 2008 / Federation Update 08.2010 Chapter 2: Planning In Calgary Framework for City Decision-Making In order to strengthen The City’s approach to managing growth, a Strategic Framework for Growth and Change has been developed. In practice, the Framework will ensure that policy, strategy and resources for growth are better aligned to facilitate Calgary’s supply of planned and serviced lands and achieve the objectives of the Calgary Metropolitan Plan (CMP), the Municipal Development Plan (MDP) and the Calgary Transportation Plan (CTP). See the chart on page 22, and MDP Part 5. MDP/CTP Sustainment The MDP/CTP (Plan It) Sustainment Committee is appointed by City Council and includes a variety of stakeholders from industry, the 2 community, and the City of Calgary. It includes a Federation member. An Advisory Committee to Administration, its mandate is to provide an on-going forum for strategic and technical issues The Strategic Framework indicates the role of the provincial government which provides legislative direction for land use and transportation planning through the Municipal Government Act, the City Transportation Act and the Alberta Land Use Framework. The MDP and CTP, in turn, provide policy direction for an integrated growth and change strategic process for The City of Calgary. arising from the implementation of the Calgary MDP and CTP. This ongoing process is led by senior management at the City of Calgary. When setting planning and investment priorities The City will consider the following inputs: the policy direction of the MDP and CTP, the MDP and CTP performance monitoring, the Monitoring Growth and Change Series (land supply and demand information), Regional Context Studies and information on The City’s infrastructure and fiscal capacity for growth. Local Area Plans The City provides a range of policy plans for “local” geographic areas, communities and neighbourhoods. The MDP policies inform Local Area Plans (LAP) by providing a city-wide level of direction on land use, urban form and transportation that is interpreted and applied within a local planning context. Local area plans and other planning documents are considered when addressing discretionary development applications (see Chapter 5 for more information on implementation). Local Area Plans include two categories: statutory and non-statutory. Statutory plans are those prepared in alignment with the regulations of the MGA. They are usually prepared at a community scale and include Area Redevelopment Plans (ARP) and Area Structure Plans (ASP). ARPs direct the redevelopment, preservation or rehabilitation of existing lands and buildings, generally within developed communities. ASPs direct the future land use patterns, transportation and utility networks and sequence of development in new communities. The MGA requires that all ASPs and ARPs must be consistent with the MDP. ARPs and ASPs in existence prior to approval of the MDP are recognized by the MDP as policies providing specific direction relative to the local context. Future reviews of, and amendments to, those ARPs and ASPs will be required to align with the policies of the MDP. Non-statutory Local Area Plans are also prepared for specific areas of the city, and include plans that apply to future growth corridors, watershed basins, A Community Guide 2008 / Federation Update 01.2012 21 Chapter 2: Planning In Calgary Framework for Growth and Change Figure 5.1 from The MDP 22 A Community Guide 2008 / Federation Update 08.2010 Chapter 2: Planning In Calgary Area Structure Plans / Planning Studies Planning Process Plan Prepared by Landowners, City Business Units & School Boards Public Engagement Letter is sent to all affected landowners and adjacent community associations Draft Plan Produced Circulate & Revise Public Review of Draft ASP/Planning Study Proposed Plan Prepared Council Committees & CPC Public Hearing - City Council Write to Calgary Planning Commission (CPC) Public Hearing of Council Implementation A Community Guide 2008 / Federation Update 01.2012 25 Chapter 2: Planning In Calgary Area Redevelopment Plans / Planning Studies Planning Process Public Involvement Letter is sent to all owners/tenants Issue Identification Set up CPAC in community inviting participation in Community Planning Advisory Committee (CPAC) and attendance at Open House Open House Survey (usually) Generate & Evaluate Policy Proposals Draft Produced Circulate & Revise CPAC & City Staff prepare Draft Public Review of Draft ARP Proposed Plan Prepared Write to Calgary Planning CPC Public Hearing - City Council Commission (CPC) Public Hearing of Council Implementation Implementation 25.1 A Community Guide 2008 / Federation Update 01.2012 Chapter 2: Planning In Calgary 2 A Community Guide 2008 / Federation Update 08.2010 25.2 Chapter 2: Planning In Calgary Special Planning Studies (Concept Plans, some LRT Station Area Plans, Special Land Use Studies, etc.) Special Studies are prepared by The City to address specific planning issues which usually cover a broad geographic area. Some examples are the Sustainable Suburbs Study, the Centre Street Special Study, and the Low-Density Residential Housing Guidelines for Established Communities. As these types of studies are not specified in the Municipal Government Act, they are non-statutory documents, approved by Council resolution rather than adopted by bylaw. Where a special study is for a specific geographical area with an existing resident population, the public engagement process is normally similar to that of an ARP. In studies for non-residential areas, potentially affected individuals are contacted and offered the opportunity to become involved in the process, in ways that have been tailored to the needs of the particular study. Other special studies that are not geographically based (e.g. Transit-Friendly Design Guidelines) will have a participatory process designed specifically for that study. These processes are intended to ensure the involvement of those persons and organizations that may be affected by recommendations of the study. Community consultation may be undertaken through appointees from the Federation of Calgary Communities if no local interest group can be identified. As non-statutory documents, these studies do not require a public hearing for approval, however City Council has traditionally held a public hearing before approving these documents. D. The Land Use Bylaw (LUB) Alberta’s Municipal Government Act requires that each municipality adopt a Land Use Bylaw. A Land Use Bylaw regulates the use and development of all buildings and land within the municipal boundaries. It does so by defining the range of uses considered appropriate for any particular site and setting out basic rules for site and building design. The LUB works in concert with other bylaws, plans and policies. It is the bylaw used, on a site-by-site basis, to implement Council policies established by the Municipal Development Plan, Area Structure Plans, Community Plans, Area Redevelopment Plans and policy studies. A LUB also establishes the structure for the development permit decision-making process. And it provides the Development Authority with the powers and duties responsible for administering the Bylaw and deciding upon all development permit applications. (The Development Authority at The City of Calgary is represented by Calgary Planning Commission and designated officers including lead planners, principal planners, chief development officers.) 26 A Community Guide 2008 / Federation Update 08.2010 Chapter 2: Planning In Calgary responsible authority of the changes you would like to see and request their advice. Perhaps at this stage, you will find that there are good reasons for keeping the rules in place and you would better spend your time organizing your case within the existing rules. 3. If you wish to proceed, contact your appropriate elected representative 4. Copy any correspondence with the Alderman or MLA to the responsible civil servant or planning authority. 2 5. Generally follow the advice you receive from the elected officials and staff. This may involve writing reports, garnering more popular support, and speaking to the parties whom your proposed change would affect. If you have questions about changing the rules contact the Federation of Calgary Communities, The City’s Land Use Planning and Policy Business Unit, or your Alderman or MLA for advice. Getting a new area plan Communities sometimes request an updated ARP or other policy work. These requests must compete with other priorities for the resources of The City, and to find a place in the planning department work plan. To judge the need for new policy planning work, and consider possible alternative means to address the issues, speak to the Policy Planner for your area and also to your Alderman. The MDP part 5 provides the approach The City will take in managing how and where growth occurs, including prioritization of local area planning. Recommendations to proceed with an LAP are based on criteria that include: • • • • • • • • • Advancing the objectives of the MDP, CTP and other corporate strategic initiatives; An assessment of The City’s financial capacity; An assessment of the City’s infrastructure; A demonstrated need for planned land within the city; Consideration of the operating and life-cycle costs to The City in supplying and maintaining infrastructure; The City’s ability to provide efficient and cost effective utility servicing; Opportunities for land use that supports Primary Transit Network; Landowner interest; and, Community interest The Guide to the MDP and CTP (version April 1, 2010; please check latest version) indicates when local planning might be required, particularly in response to development pressure: Development of a new Local Area Plan In cases where The City is receiving significant land use or development applications within a defined community or Typology area with no LAP, Administration may determine that a new LAP be commenced. This would be done in order to better understand the cumulative impacts of the developments and to A Community Guide 2008 / Federation Update 01.2012 31 Chapter 2: Planning In Calgary provide additional land use, mobility or urban design direction and guide overall development and public investment in the area. Ideally, Administration will be aware of this interest and consider this as part of its overall prioritization of Local Area Planning projects, and includes it within its 3 Year Work Programs. Major updates to Local Area Plans that are inconsistent with the MDP/CTP The City may receive significant land use or development permit applications that are consistent with the policies of the MDP and CTP, yet, inconsistent with policies or land use patterns for the Local Area Plan. In these cases, Administration, in consultation with the community and other stakeholders, may determine that an existing ARP, design brief, concept plan, etc. be rescinded, in whole or in part, and replaced with a new plan or new sections. Administration would need to review this as part of its overall prioritization of Local Area Plan preparation and bring it forward for Council approval. Application-triggered amendment to an existing Local Area Plan As has been the case in the past, amendments to LAPs may be triggered by a site specific land use application that supports the direction of city policies (including the MDP and CTP) but may not be consistent with the Local Area Plan. Administration, upon consultation with the applicant and the local community, may recommend a LAP amendment go forward in conjunction with the proposed land use amendment. In this case, Administration will need to demonstrate how the LAP amendment is aligned with the MDP, including references to specific policies, indicators or processes. For more information on Implementation planning see Chapter 5. 32 A Community Guide 2008 / Federation Update 08.2010 Chapter 2: Planning In Calgary Community Gardens Community gardens are becoming increasingly popular in Calgary. Amongst many other benefits, community gardens are useful for community development, food production, greening the city, acting as a noise filter, and enhancing neighbourhood security and safety. 2 Both the Calgary Horticultural Society and City of Calgary Parks value community gardens for their contribution to the health and well-being of communities. Parks specifically supports the creation of new community gardens on public lands (e.g. Municipal/School Reserve) and the retention of existing community gardens in the city. Parks supports community gardens by working with a variety of community organizations. Additionally, community gardens can be created on private lands, such as churches. Community garden groups can either informally organize with private land owners (e.g. churches, businesses) to develop gardens or can submit applications to The City year round to apply for approval to develop a public community garden on public lands. The time required to process an application is site-specific. Each applicant receives a written response outlining approval in principle and conditions, or alternate suggestions if sites are not feasible. Each community garden is unique. Applications are reviewed from a site specific perspective to determine if the plan for the garden is compatible with existing site use and any limitations such as environmental conditions, future development plans and/or access considerations. A diversity of garden styles are encouraged to address the variety of sites and incorporate conditions of development. Site elements such as irrigation, tree cover and slope are considered, along with distance from other recreational and residential spaces. For more information on community gardens, contact City of Calgary Parks and the Calgary Horticultural Society. For information on applying for community gardens on public land, contact City of Calgary Parks or your community recreation coordinator. Care Facilities (Formerly Special Care Facilities) Care facilities are defined as those providing for the accommodation and care or rehabilitation of individuals. They include facilities such as nursing homes, group homes, half-way houses, recovery homes and shelters, but do not include hospitals or day cares. This classification applies only to facilities which provide overnight accommodation and care. Care facilities are an integral part of complete communities and critical to meeting the growing need for a wide range of specialized accommodation A Community Guide 2008 / Federation Update 01.2012 34.5 Chapter 2: Planning In Calgary and care in Calgary. It is not unusual for neighbours to be concerned when some kinds of care facilities are proposed, but there is little empirical evidence that these uses have negative impacts. Furthermore, the Calgary experience is that once established they are well accepted in communities, generate few concerns or complaints and are important parts of communities in fighting crime and creating safe viable neighbourhoods. Working with community and agency stakeholders, The City has developed a system of planning principles and Land Use Bylaw provisions that define different special care uses and provide opportunities for a range of facilities throughout the city. As far as possible, facilities are encouraged and developed within a residential setting. When care facilities are proposed early public engagement is strongly encouraged. The planning principles to guide the location of care facilities encourage smaller facilities, dispersed throughout the city and fitting with host neighbourhoods and community form; they discourage an over-concentration of facilities serving one type of need or facilities locating in areas inappropriate for their residents. Other measures encourage a cooperative approach involving service providers or operators, community associations, and City staff. This includes, a Care Facility community advisory group, the development of a best practices guide for applicants and stakeholders, completing an inventory and monitoring system to track facilities and their performance, identifying opportunities for ongoing public education and dialogue, and more recently, the drafting and adoption of Good Neighbour Agreements (GNA). GNAs are instruments that provide communities and care facility operators an opportunity to mutually build a relationship responsive to the needs of each group and address concerns regarding the location and operation of the facility. Agreements can be formally negotiated, though remain voluntary and without legally binding language. The development of such socially responsible initiatives encourages accountability and cooperation while promoting good will, mutual understanding and long term relationship building. In the process of developing a GNA, The City of Calgary can help to facilitate the agreements between two parties (e.g. an agency and a community association), providing tools and guidelines to help parties begin their communication process together. Each Agreement is unique. It requires collaboration between adaptive, creative and dedicated team members. Existing facilities without an Incident Log or GNA may wish to consider implementing these options to help reinforce their commitment as a good neighbour to their host community. Improvement of the relationship with the community results in benefits to the community, the operator, as well as the people using the facility. Establishing early communication with affected communities as a way to identify potential impacts and concerns is imperative when initializing a GNA. Creating and implementing a GNA is a several step process (see below) that requires the commitment of a ‘stakeholders group’ made up of the service provider and community representatives, as well as other interested parties. 34.6 A Community Guide 2008 / Federation Update 01.2012 Chapter 2: Planning In Calgary A facilitator could also be chosen to help support the process (e.g. City of Calgary representative or another third party representative). 2 Initially, the stakeholders group meets to identify and discuss issues they would like resolved and mitigated within the GNA. This early stage may also involve identification of additional stakeholders who should be brought to the table (e.g. representatives of Calgary Police Services, Bylaw Enforcement). Subsequent meetings include the formation of principles and provisions to be included with the agreement. Parties can then sign off on the agreement, and begin the process of implementing the initiatives. Agreements can be renewed on a yearly basis or as when seen appropriate. GNAs can include various provisions depending on the type of facility being located within the community, and the subsequent community needs. Typical provisions within such an agreement may include: • • • • • • • • • • Regular Open Houses and Community Education Events Regular Meetings of the Stakeholders Group Provision to Participate within Community Events Provisions for Adequate Parking Provisions for Control of Loitering and Management of Crowds Provision for Appropriate Landscape and Facility Maintenance Provision to Participate in Area Crime Prevention Provision for Identification of a Contact Person for Complaint Resolution Provision for Resolving Disputes and a Resolution Process Periodic Reviews of the Good Neighbour Agreement to Determine the Effectiveness of the Application of the Good Neighbour Provisions For more information on the Planning Principles to Guide the Location of Special Care Facilities and Shelters (2008), Good Neighbour Agreements and special care facilities in general, contact The City of Calgary, Land Use Planning & Policy or visit the City website at www.calgary.ca and search for “ Good Neighbour Agreement Initiative”. Secondary Suites Legal Secondary suites have been identified as one way to broaden the range of housing options and to address the issue of affordable housing in Calgary. Land Use Bylaw 1P2007 recognizes secondary suites as a use and contains rules to guide their development. More information is in the Land Use Bylaw Appendix of this Guide on page 143. Check with The City for current developments. A Community Guide 2008 / Federation Update 01.2012 34.7 Chapter 2: Planning In Calgary Child Care Policy Child care services are an important part of complete communities. A child care service is defined as a use where temporary care and supervision is provided to children who are either under the age of thirteen or are between 13 and 14 and, because of special need, require child care. These services may also provide programming for social, creative, educational and physical development of children. Alternative names for these child care services include day cares, preschools, out of school programs, etc. Child care services are often placed in residential areas. “Day homes” with up to six children are a permitted use and do not require a development permit. Larger child care services in homes require discretionary development permits. With more than 10 children, a land use redesignation is usually required in a low density residential area. The Child Care Policy and Development Guidelines provide guidance on how to plan child care facilities sensitively when they are in low-density residential areas, including guidelines for site selection and design. For more information, contact The City of Calgary, Land Use Planning & Policy. 34.8 A Community Guide 2008 / Federation Update 08.2010 Chapter 1 Chapter 2 Chapter 3 Chapter 3: Chapter 4 Chapter 5 Roles Chapter 6 Chapter 7 Appendix A Appendix B Appendix C Appendix D Roles include: A. Role of the Community Association - updated 08.2010 B. Role of the Public & Neighbours - updated 08.2010 C. Role of the Applicant D. Role of CPAG & the Development Authority - updated 01.2012 E. Role of Calgary Planning Commission F. Role of the Urban Design Review Panel G. Role of Council & Aldermen - updated 01.2012 H. Role of the Federation of Calgary Communities - updated 08.2010 A Community Guide 2008 / Federation Update 01.2012 Appendix E Appendix F Appendix G 35 Chapter 3: Roles Roles, Responsibilities and Relationships Community associations (CAs) and other groups play important roles in the planning process, and each has certain responsibilities and priorities. The key to success among these players is relationships. Taking the time to build relationships with City staff, Aldermen and development applicants will result in better information, better discussion, better outcomes and a more rewarding experience for community volunteers, applicants and other stakeholders. A. Role of the Community Association Role of BRZs Some communities include Business Community associations are one of many participants in the planning process. Community association planning committees may take on a number of roles and tasks related to community-building, change and improvement. Although most planning committees will be primarily involved in reviewing applications for redesignation (rezoning), subdivision and development permits, there are other equally important (and in some ways more proactive) opportunities for planning committees to affect change in their communities. It is desirable for planning committees to move beyond a reactive position (strictly responding to applications) to include more proactive planning pursuits (such as community development initiatives and projects) With regard to development applications, the role of the CA planning committee is advisory. Their job is to comment on how a proposed development fits into the community and, where possible, suggest changes, which could make the proposed development more compatible or beneficial. Revitalization Zones (BRZs). A BRZ is a program by which business people can jointly raise and administer funds to improve and promote their business areas. BRZs are established by City Council bylaw, in response to a petition from business owners. The BRZ receives financing from its members by means of a special levy added to all business assessments within the BRZ. Although CA planning committees have no formal jurisdiction or authority in planning matters (with the exception of the Subdivision and Development Appeal Board and during Public Hearings, where CAs have official standing), they play a valuable role in the planning process. Specifically, they i) provide advice, background information, community context, and community issues and concerns to The City of Calgary, ii) advocate for planning activities within their community, and iii) attract desirable development to the community. CA planning committees can act as a vehicle for community improvement and as a voice for the community. Like community associations, BRZs are circulated development applications within their boundaries and they are a stakeholder in local policy planning. They often take on public improvements in the BRZ as well. It is beneficial for community associations and BRZs to have a As it is the committee’s role to comment on the “bigger picture,” the views of a planning committee may not always coincide with the views of some individual residents in the community. It is not necessary for the planning committee to come to an agreement with everyone. However, it is best to include all strongly held opinions in the response to The City. good working relationship on planning matters. 36 A Community Guide 2008 / Federation Update 08.2010 Chapter 3: Roles Agendas and Minutes of City Council and Committees are posted on The City website. Agendas are usually posted the Friday before the meeting. Standing Policy Committees (SPC) Standing Policy Committee meetings are public hearings. Below is a list and description of the SPCs: • SPC on Planning and Urban Development (formerly Land Use Planning and Transportation) Terms of reference: land use planning and policy, development and building approvals, property assessment. 3 • SPC on Transportation and Transit (formerly Land Use Planning and Transportation) Terms of reference: planning, design and monitoring of transportation routes, traffic operations, parking facilities and public transit. • SPC on Utilities and Corporate Services (formerly Utilities and Environment) Oversees services provided by the Corporate Services Department, as well as the Utilities and Environmental Protection Department and its business units, including Environmental & Safety Management, Water Services, Water Resources and Waste & Recycling Services. • SPC on Community and Protective Services Terms of reference: parks, recreational, cultural, and social services, disaster services, emergency medical services, fire and rescue services, and associated grants provided or allocated by The City. • SPC on Priorities and Finance This committee oversees financial planning and reporting, personnel, accountability and related issues. Special Committees Special Committees are not public hearings, but members of the public may attend (except for in camera sessions). The following Special Committees sometimes deal with planning-related issues: • Land and Asset Strategy Committee Terms of reference: overseeing The City’s involvement in property transactions, and The City’s properties and buildings; overseeing The City’s vehicle assets; overseeing The City’s project management processes for the design and construction of new City assets. Meetings are often in camera due to the nature of the items. • Intergovernmental Affairs Committee Responsible for representations concerning the impact of other A Community Guide 2008 / Federation Update 01.2012 45 Chapter 3: Roles governments’ policies on The City, coordinating long term growth and development plans between Calgary and other municipalities, and Developing strategies to address the needs of affordable housing in Calgary. H. Role of the Federation of Calgary Communities The Federation of Calgary Communities is a non-profit, umbrella organization, which serves the needs of community associations. Its mission is “to improve neighbourhood life in Calgary by providing services and programs that create, support and sustain vital and representative community associations.” The Federation’s planning role includes: • • • • • • Educating and informing community associations about the planning process and current planning issues Helping communities deal with specific planning issues Encouraging networking and information sharing among communities and other groups on planning issues of common concern Facilitating community involvement in some planning processes Representing community interests on some city-wide planning issues Advocating the community association role in planning The Federation employs a Community Planner and an Urban Planner + Engagement Facilitator who is available to assist community associations in the establishment and operation of planning committees, undertaking community visioning exercises and community-based planning initiatives. Some examples include the creation of community charters and plans. As well, they answer questions about the planning process and planning issues. The Federation has recently developed some resource materials for community association planning committees focused on citizen engagement. Specifically, these tools and resources are aimed at promoting more effective and representative planning committees, greater citizen involvement in community planning, and proactive, visionary planning exercises. Please visit the members only section of the Federation’s website to access a number of contacts, resources, and useful articles for community association planning volunteers including information on increasing community involvement in the planning process. Additionally, the Federation and The City of Calgary conduct Partners in Planning, a certified training program, to educate volunteers and other interested people about the planning process and planning issues. Courses are offered several times a year. Some courses include The Basics of Implementation Planning and Understanding the Land Use Bylaw. 46 A Community Guide 2008 / Federation Update 01.2012 Chapter 1 Chapter 2 Chapter 3 Chapter 5: Chapter 4 Chapter 5 Implementation Planning Implementation planning includes: A. Land Use Designation - updated 01.2012 - Making Presentations to Council B. Subdivision (Outline Plan, Tentative Plan, Subdivision by Instrument) -Reserve land - updated 01.2012 C. Development Permit Applications - updated 01.2012 - Contextual Rules - Role of the Infill Guidelines D. Signs E. Certificate of Compliance F. Development Completion G. Development Inspection Services H. Business Licence I. Tenancy Change J. Home Occupations K. Building Permit L. Occupancy Permission M. Building Construction & Demolition Site Management Code of Practice N. Cell Phone Towers - updated 01.2012 A Community Guide 2008 / Federation Update 01.2012 Chapter 6 Chapter 7 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G 65 Chapter 5: Implementation Planning A. Land Use Designation What is Land Use Designation (zoning)? The land use designation is the legal control on the use and intensity of development on a parcel of land. The Land Use Bylaw is the heart of the land use designation (zoning) system and includes: • The general procedural and operational rules of the LUB • A set of land use districts • List of uses and sets of development rules that apply for each land use district • A set of maps that assigns a land use district to every parcel of land in the city Through the land use designations, the Bylaw sets out the rules that determine how each piece of land may be used and developed. Each designation, or land use district, includes: 1. Detailed purpose statements • Purpose statements are at the beginning of every Bylaw district. • These statements are intended to capture the intent of the district and to guide the application of the district through the land use and subdivision process. 2. List of permitted and discretionary uses 66 • The uses allowed in a district cannot be modified. Developments are only allowed if the proposed use is included in the list of permitted and discretionary uses for that district. There are two uses that are allowed even though they are not listed, in every land use district: Motion Picture Filming Location is a permitted use in all districts; and Excavation, Stripping and Grading is a discretionary use in all districts. • Permitted uses must be allowed if they meet all the rules of the Land Use Bylaw. • Discretionary uses are evaluated on their merits and may not be allowed if the use is considered by the Development Authority to be inappropriate in a particular location. A Community Guide 2008 Chapter 5: Implementation Planning 3. The district rules: • District rules establish guidelines and requirements for developments. Rules may include minimum setback, parking requirements, maximum density and height limits, etc. • The designation Direct Control (DC) is used for specific uses that are listed in Section 21(3) of the LUB, for developments that are so unique they are not listed, or for a use that can’t be regulated through any other district in the Bylaw. What is a Land Use Amendment (Redesignation)? A Land Use Amendment is required when a proposed use is not listed as either a permitted or discretionary use in the land use district of the site in question. Any owner of a site or their authorized agent or other persons having a legal or equitable interest in the land may apply to have the land use designation of the site changed by way of a Land Use Amendment. 5 In developments requiring subdivision, as is common in greenfield situations, Land Use Amendments are usually accompanied by an Outline Plan (Chapter 5, B). Land Use Amendments may also be proposed by The City of Calgary as the result of a planning process leading to an Area Development Plan, for example. Who Renders Decisions on Land Use Amendments? While the Development Authority is allowed to make decisions on development permit applications, they are not able to approve Land Use Amendments. All Land Use Amendments are done by bylaw and only City Council can approve or refuse bylaws. Upon receiving an application for a Land Use Amendment, the Corporate Planning Applications Group (CPAG) evaluates the proposal and makes a recommendation for approval or refusal to the Calgary Planning Commission (CPC). CPC acts as the Development Authority that provides recommendations on the amendment application to City Council at a public hearing. What is the Land Use Amendment (Redesignation) Review Process? Pre-Application • If the proposed redesignation is likely to be controversial, the applicant may be wise to meet with the community association and neighbours prior to making an application. The applicant may also choose to A Community Guide 2008 67 Chapter 5: Implementation Planning request a pre-application meeting with a planner to discuss from the City’s perspective any issues or potential problems prior to making an application. Application • The applicant applies for a Land Use Amendment and completes all the requirements as outlined on the Complete Application Requirement List (CARL). Circulation • • • The file is reviewed by CPAG team members and then circulated to relevant City Business Units, community associations, and outside agencies. At the time of the initial file circulation, adjacent land owners, as defined in the Municipal Government Act (MGA) are notified, by mail, of a Land Use Bylaw Amendment application. This notification invites landowners to submit a letter concerning the matter to the Corporate Planning Applications Group (CPAG) during the initial stages of the application review. A notice posting sign will be posted on the subject site (yellow notice) at the time of the initial file circulation. The purpose of this notice posting early in the CPAG review process is to provide adjacent land owners with information about the proposal and the planning process, as well as an opportunity to comment on the proposal prior to the CPAG staff recommendation to Calgary Planning Commission. Planning Review When evaluating proposals for land use redesignation CPAG/CPC may take into account relevant plans and policies, aspects of the context, the merits of the proposal and sound planning principles. Circulation comments and comments in response to the notice posting are considered by, as part of the application review. The role of the MDP in applications Although many of the MDP policies are strategic or high level, the MDP also includes some land use, mobility and urban design policies that are relevant at the Development Permit and Land Use Amendment scale. When considering applications, the Approving Authority takes into account other plans and policies affecting the site, which would include the MDP, Local Area Plans and design guidelines. In areas where a Local Area Plan like an ARP exists, the MDP recognizes the existing plan will provide guidance on local development decisions. But in cases where the Local Area Plan and MDP/CTP may not align, for example with an older ARP, an application may trigger discussions on whether the Local Area Plan of the MDP provides the most appropriate guidance at the scale of the application. If the Local Area Plan is at odds with the policy direction of the MDP, this may lead to LAP amendments. For more on this, including 68 A Community Guide 2008 / Federation Update 01.2012 Chapter 5: Implementation Planning flow diagrams of planning decisions that reference the MDP and LAPs, see the Guide to the MDP and CTP at www.calgary.ca/mdp. See also Chapter 2, Section E of this Guide on local area plan amendments. CPC Recommendation • • • Following the circulation process, the applicant is informed by way of a Detailed Team Review (DTR) as to CPAG’s intent to either recommend approval or refusal of the application. The applicant may address any issues of contention in order to acquire a more favourable recommendation. CPAG presents the application and its recommendations to CPC who then make a recommendation to City Council. If CPC recommends a refusal, the applicant has the opportunity to decide whether or not to pursue the application through a public hearing of City Council. When a Land Use Amendment is taken to Council, a public hearing must be held. A notice of the public hearing must be given in accordance with the requirements in the Municipal Government Act in Section 692. 5 Notification of Public Hearing • • Following CPC’s recommendation, details of the application and date of the public hearing are advertised in The Calgary Herald and Calgary Sun at least 21 days prior to the hearing. Adjacent landowners are notified by mail. The site is notice posted again. Following the public hearing, Council either approves, refuses, or possibly tables the proposed amendment. Tabling or referral to administration is typically to allow further engagement. As Council’s decision is final and binding, there is no appeal process available to the applicant. Re-application • When a Land Use Amendment application has been refused by Council, or withdrawn by the applicant after advertisement, the same application or a similar change in land use designation may be reapplied on the same parcel only after six months has passed from the date of refusal or withdrawal of the application. A Community Guide 2008 / Federation Update 08.2010 69 Chapter 5: Implementation Planning Land Use Amendment (Redesignation) Planning Process Public Engagement It is wise for the applicant to meet Pre Application Meeting with the community association and neighbours (if possible) before submitting an application. An applicant may also request a formal pre-application meeting with City staff. Submission of Application Site notice posted Circulation & Comments Received Application circulated to community association, Ward Alderman and any applicable special interest group, (e.g., Business Revitalization Zone). Review & Recommendation by CPAG to CPC CPC Review Recommendation to Council CPC is a public forum but not a public hearing. Applicants are advised to attend and observe the proceedings. Review is based on technical merit. Notification of Public Hearing Notice letters sent to adjacent owners. Site notice posted (when appropriate; yellow sign). Notification of Public Hearing Ad in newspapers. The public can address Council at the Public Hearing. 70 A Community Guide 2008 / Federation Update 01.2012 Chapter 5: Implementation Planning Surplus School Sites on Reserve Land A process for putting new uses on empty school sites that have been declared “surplus” was approved by City Council on July 27, 2009. Repurposed land will be changed from “Municipal and School Reserve” to “Community Services Reserve”. In most cases these are sites where schools were never built and are presently open space. They are mostly in communities built between the 1970s and 1990s. Amendments (in 2009) to the Municipal Government Act allow a variety of public-related uses on these surplus sites, including libraries, care facilities, day cares, emergency services and affordable housing. These uses are allowed only on the conceptual school footprint, not on the surrounding grounds. Regarding the process, The City first considers keeping the land as open space, and looks at the community’s open space needs. It then looks at options for other City uses. If there are no City uses the City considers third-party proposals from not-for-profit organizations, with the land remaining in City ownership. There is community consultation regarding the form and intensity of the development to be considered for the site. Later, at the development application stage, there is a land use redesignation public hearing and a development permit process. 5 For more specific information on the Policy for the Re-use of Surplus School Reserve Sites, contact The City of Calgary, Land Use Planning & Policy. A Community Guide 2008 / Federation Update 01.2012 87 Chapter 5: Implementation Planning C. Development Permit Applications What is a Development Permit? Development refers to: • New buildings; • Addition to, replacement or repair of existing buildings; • A change of use of land or buildings; • A change in the intensity of use of land or buildings; • The excavation or stockpiling of soil. The purpose of a Development Permit is: • To ensure that the proposed use is allowable; • To ensure that the Land Use Bylaw rules are met and if not, to assess the merit of relaxing the rule; • To allow an evaluation of the impact on neighbouring properties; • To offer affected parties an opportunity to provide relevant information, ensuring informed planning decisions. Development Permits for Permitted Uses If a Development Permit is made for a permitted use and the proposal meets all the rules of the Land Use Bylaw, a permit must be issued. It is not advertised and there is no appeal. Permitted uses may, for example, include a range of public uses (e.g. parks, utilities), protective emergency services, some commercial uses in existing buildings in commercial districts, and in some cases, single detached 88 A Community Guide 2008 Chapter 5: Implementation Planning dwellings. Each district of the Land Use Bylaw has rules which may be relaxed if certain criteria are met. the ability to relax standards is an important element of the Calgary planning process because it allows more flexibility in design. Development Permits for Discretionary Uses All discretionary uses require development permits. The majority of development permit applications circulated to communities are for discretionary uses. Unlike a permitted use, a discretionary use may be refused if the development is considered inappropriate in the proposed location or if the Development Authority believes it would have an undue adverse impact on the area. Who Renders Decisions on Development Permits? The Development Authority is responsible for rendering decisions on development permits. The Development Authority at The City of Calgary may be a designated officer (including lead planners, principal planners, and chief development officers) or the Calgary Planning Commission (CPC). City officials designated as the Development Authority make the majority of decisions. However, more complex projects, larger projects or development proposals with special significance are usually presented to the CPC for a decision. The Development Authority or Calgary Planning Commission may approve, approve with conditions or refuse an application. 5 What is the Development Permit Process? Application Submission • • There may be a pre-application meeting with City staff The Applicant applies for a development permit. New Development Permit, Land Use and Subdivision Applications are posted on The City website every Tuesday, broken down by Community and Ward. Go to www.calgary.ca > search: “Planning Application Listings”. File Assignment – The Four Application Streams You may hear reference to the City’s system for streaming planning applications. When a planning application is submitted, The City channels it into one of four processing streams, depending on the complexity of the approval process for that type of application. Stream 1 Stream 1 applications are generally the most simple and straightforward. They are often processed entirely by the staff at the public counter and the applicant may receive a decision before leaving the counter. An examples of Stream 1 applications are an application for a “Home Occupation – Class 1” (which is a home business that is basically no more than a desk and telephone operation) or a change of tenancy in an existing building where the use itself doesn’t A Community Guide 2008 / Federation Update 01.2012 89 Chapter 5: Implementation Planning change (e.g. a restaurant to another restaurant). Stream 2 Stream 2 applications are typically straightforward but must undergo a more thorough check by planning staff for compliance with rules. They are not reviewed by other City departments or external agencies and there is no public notification or circulation of the application to the local community association. An example of a Stream 2 application is a development permit for the change of use to a permitted use within an existing commercial building (in which case planning staff check if more parking is required for the new use). Stream 3 Stream 3 applications require an evaluation by planning staff but do not require input from other City departments. Some of these applications require public input. The application may be circulated to the local community association and a public notice may be erected on the development site. Examples of Stream 3 applications are (this list is subject to change): • Contextual single and semi-detached infills • Addition to a residence • RVs in front yard • Home Occupation – Class 2 • Change of use (e.g. from one listed use to another when discretion or relaxations are involved. Not to be confused with a land use redesignation) • Liquor store in existing building • Billiard Parlour in existing building • Amusement Arcades in existing building • Minor Addition to Commercial/Industrial • Signs (third party, freestanding, fascia, etc.) • Secondary Suites • Most applications for relaxation of Bylaw rules The Circulation Matrix: Stream 3 applications are not circulated to communities unless the community has asked for them. Some time ago, the City asked each community to identify which Stream 3 applications it wished to review. From the response, the City developed a list, known as the Circulation Matrix, which identifies the types of development permit applications to be circulated to each community association. It is your community’s responsibility to know what you have requested on the Matrix, to update the Matrix as required (we recommend annually), and to respond to circulations promptly, including a quick “no comment” if you have no concerns. If you do not respond to Stream 3 circulations, they may be discontinued. To review and update your community’s request on the Stream 3 Matrix, contact the Stream 3 Team Assistant in Development and Building Approvals. Stream 4 Stream 4 applications require review not only by planning staff but also by other CPAG departments which include: • Urban Development (for issues such as solid waste collection, sewer 90 A Community Guide 2008 / Federation Update 01.2012 Chapter 5: Implementation Planning Development Permit Process Planning Process Public Engagement Applicant may engage with the Pre-Application Assessment community association, the immediate neighbours, and City staff prior to making an application Applications are circulated to the community association and Ward Submission Alderman When an application is required by the Land Use Bylaw to be notice posted, a notice (Blue Sign) is placed on the site Circulation & Notice Posting to let interested parties know about the application Affected citizens who have concerns may submit their comments in writing Review & Recommendation Community associations may meet to discuss the proposal and submit comments in writing After a decision is made on a Decision development permit application, each person who submitted written comments to the proposed development shall receive a response from the File Manager Notification & Advertising Approval decision is advertised in newspaper Community associations and other Appeal to SDAB members of the public may appeal the decision to the Subdivision & Development Appeal Board (SDAB) A Community Guide 2008 / Federation Update 08.2010 91 5 Chapter 5: Implementation Planning • • and water services, road and sidewalk infrastructure, drainage, slope stability, environmental contamination, etc.), Transportation Planning (for issues such as traffic generation, road capacity, vehicular access, etc.), and Parks (for issues such as protection of trees in adjacent City boulevards). Stream 4 applications are typically circulated to the community association and the ward alderman as well as a range of external referees such as Enmax, Fire and Police. Examples of Stream 4 applications include development permits for new shopping centres, office buildings, multi-family residential developments and some infill developments. Stream 4 applications are further split into Stream 4A files and Stream 4B files. Stream 4A applications can be processed by the sitting members of the interdepartmental CPAG team. Stream 4B applications, which are generally the most complex, require extra analysis by functional specialists such as geotechnical engineers, flood specialists, heritage planners, traffic impact specialists, environmental specialists, etc. Normally, Stream 4B applications require the longest processing period. Circulation The application may be circulated to other relevant City Business Units, affected agencies, the Ward Alderman and the community association, all of which are given three weeks to respond. For circulation to the community association and the Ward Alderman, the file manager includes comments on any relevant City policies, a table of non-compliance (a table that lists aspects of the application that do not comply with the Land Use Bylaw), and copy of plans. Notice Posting Some uses must be notice posted (see the Notice Posting Appendix or the Land Use Bylaw). A notice is erected on the parcel for which an application has been received. Notice posting is intended to let local people know that an application has been submitted to The City of Calgary for a certain type of development. It lists the proposed use of the building or parcel and states that any objections can be submitted to the Development Authority, what the notice of objection must contain, and by what date it must be received at The City. This allows the Development Authority to get a sense of the local issues that may affect a proposed development’s suitability. While the legal requirement is for the parcel to be notice posted at least seven days before a decision is rendered, notice posting normally occurs earlier in the process, shortly after the circulation is mailed to the community association. Community associations may also be circulated some discretionary applications that are not notice posted. • Only discretionary uses are notice posted; not permitted uses. • Notice posting efforts are directed to uses located in close proximity to 92 A Community Guide 2008 / Federation Update 01.2012 Chapter 5: Implementation Planning • residential districts and to uses that have the potential to impact residents in residential districts. Discretionary uses that are not the primary uses in the district are generally notice posted (for example, a place of worship in a low density residential district) Community associations may also be circulated some applications that are not notice posted. The notice posting list is in the Land Use Bylaw Part 3, Division 3, Section 27. Only items listed here are notice posted. Review When evaluating proposals for discretionary permits, the Development Authority must take into account: • Any relevant policy plans (e.g. The MDP/CTP, an Area Redevelopment Plan, community plan, design brief, special studies) – see below for discussion; • The purpose statements in the applicable land use district; • The appropriateness of the location and parcel for the proposed development; • The compatibility and impact of the proposed development with respect to adjacent development and neighbourhood; • The merits of the proposed development; • The servicing requirements; • Access and transportation requirements; • Vehicle and pedestrian circulation within the parcel; • The impact on the public transit system; • Sound planning principles. 5 Restrictive Covenants/Caveats In some neighbourhoods, restrictive covenants or caveats are registered on land titles that are intended to control what is built. They may include architectural controls that govern the size and setback of a house, materials, etc. Covenants are usually placed on the property by the original Circulation comments and comments in response to the notice posting are con- land developer, with the intention of establishing sidered by the Development Authority as part of the application review. the character of the community. The City of The role of plans and policies in discretionary review Policy plans that inform discretion in the review of development applications include the Municipal Development Plan, statutory Area Redevelopment Plans, non-statutory Community Plans or Special Studies, guidelines like the Low Density Housing Guidelines (Infill Guidelines), as well as the LUB. Relevant Council policies like the Triple Bottom Line framework may also be considered. There is no predictable weighting of these policies and plans as there are many factors to consider in each decision. But in general, plans that have more specific and relevant direction in a particular situation will have greater influence, and plans that are more current will have more influence than out-of-date plans. See also the section below on the role of the new MDP. Calgary does not enforce such covenants in the planning and development approval process when these sites are redeveloped. Owners of these sites may seek to have the restrictive covenant removed by a judge. Neighbours, community associations and residents associations may use civil legal means to attempt to enforce restrictive covenants or oppose their removal. The role of the MDP in applications Although many of the MDP policies are strategic or high level, the MDP also includes some land use, mobility and urban design policies that are relevant at the Development Permit and Land Use Amendment scale. When considering applications, the Approving Authority takes into account other plans and policies affecting the site, which would include the MDP, Local Area Plans and A Community Guide 2008 / Federation Update 01.2012 93 Chapter 5: Implementation Planning Commercial - Planning Criteria Considered by the Development Authority in Making Development Permit Decisions Rules Context Building Appearance External Building Materials Impacts on Neighbours (privacy, light glare, etc.) Retaining Mature Vegetation 94 A Community Guide 2008 Chapter 5: Implementation Planning Residential - Planning Criteria Considered by the Development Authority in Making Development Permit Decisions Rules 55 Context Relationship to Neighbour’s House Overlooking/Shadowing Building Appearance Retaining Mature Vegetation A Community Guide 2008 95 Chapter 5: Implementation Planning design guidelines. In areas where a Local Area Plan like an ARP exists, the MDP recognizes the existing plan will provide guidance on local development decisions. But in cases where the Local Area Plan and MDP/CTP may not align, for example with an older ARP, an application may trigger discussions on whether the Local Area Plan of the MDP provides the most appropriate guidance at the scale of the application. If the Local Area Plan is at odds with the policy direction of the MDP, the MDP may prevail in the planning review and this may lead to LAP amendments. For more on this, including flow diagrams of planning decisions that reference the MDP and LAPs, see the Guide to the MDP and CTP at www.calgary.ca/mdp. See also Chapter 2, Section E of this Guide on local area plan amendments. Amended Drawings There may be significant changes to a project as a result of negotiations between CPAG and the applicant. Amended drawings are not circulated to the community association for comment, but if a community association has expressed an interest in the project, in writing, the file manager is required to convey the changes (community associations may want to ask to be notified of amended drawings when submitting their comments), and the applicant is also encouraged to contact the community association. Decision • • • After evaluating the application, the Development Authority may render a decision of Approval, Approval with Conditions, or Refusal. Calgary Planning Commission (CPC) acts as the Development Authority for certain developments and projects. Conditions may be placed upon a Development Permit prior to its release, meaning that the applicant must meet all of the conditions before the permit is released and construction can begin in full. Advertising/Notification • 96 Decisions rendered on applications for discretionary uses and permitted uses with relaxations are advertised as a public notice in the Thursday A Community Guide 2008 / Federation Update 01.2012 Chapter 5: Implementation Planning • • • editions of the Calgary Herald and the Calgary Sun. Affected parties are given two weeks to file an appeal. When a development permit has been approved, a notification letter is sent to the applicant as well as to all parties, including the community association, who submitted written comments to the proposed development. The letter advises of the approval and the appeal period. If it commented in writing, the community association is sent a copy of the approved plans, along with the approval letter indicating priorto-release and permanent conditions. File managers are to respond to written concerns by writing brief comments in the margins of the community association letter, identifying how each issue was addressed, or by creating a new letter that addresses the concerns. Where a development permit application is refused, a registered letter is sent to the applicant. The letter states the reasons for refusal. It also includes an appeal form for the applicant. The refusal of a development permit is not advertised. 55 Appeal • • The applicant may appeal a refusal or conditions to the Subdivision & Development Appeal Board (SDAB). The public, community association or adjacent neighbours may also appeal a decision. When an appeal is submitted, the applicant and the appellant are notified in writing. Letters advising of the SDAB hearing are sent to adjacent property owners and the community association. Development Permit Release • After the advertising period has passed without an appeal, or the SDAB allows the proposal following an appeal, and all prior to release conditions have been met, the permit is released to the applicant. Revised Plan Application In some cases revisions are made to plans after the development application has been approved and the development permit has been released. A Revised Plan Application will only be accepted if in the opinion of the Development Authority there are no substantive changes to the originally approved development permit, and no new relaxations. If there are substantial changes a new Development Permit is required. Expired or Cancelled Development Permits Once a Development Permit is approved, work must commence by a certain date from the date of approval or the permit is considered expired and a new development permit must be submitted. An extension of the commencement date may be requested by the applicant, but the duration and number of extensions is limited. In some cases a development permit application may be cancelled before it is approved if it becomes inactive (e.g. if the applicant fails to respond to requests from the Development Authority for additional information). See Section 44 of the LUB for more information on cancellations and extensions. It is a City business process to inform community associations about DP cancellations if the community was previously circulated. A Community Guide 2008 / Federation Update 01.2012 97 Chapter 5: Implementation Planning How You Evaluate a Development Permit Circulation Development Permits Who? Does Applicant What? Proposes Community Comments Planner / CPAG Recommends to CPC or Development Authority CPC or Development Authority Approves or Refuses Permit Subdivision & Development Appeal Board Decides Appeals 1. Are you familiar with the site and site context (development and uses in the area)? 2. Does the proposal help achieve the intent and expectations of any approved policies such as an Area Redevelopment Plan or a Community Plan? 3. How will the proposal impact the neighbours and the community regarding such things as: • Compatibility with the neighbourhood (how well would it “fit” into its surroundings) - generally this refers to height, bulk, building materials, density, setbacks, etc. • The relationship to the surrounding buildings and the streetscape • Impact on the privacy of the neighbours (e.g., overviewing) • Driveway (access) locations • Parking • Landscaping, including the retention of mature vegetation • Safety e.g. Are there opportunities for appropriate surveillance, for people to watch what is going on in the space or be watched while in the space (window placement, fence height - can you see through or over the fence, is there adequate lighting)? There are some matters that cannot be considered: • The characteristics of people who may use the proposed develop- ment (e.g., renter vs. owner); comments must address the land uses, not the land users. • The economic benefits or losses (e.g., increasing tax revenue to The City or the proposed development creating too much competition resulting in the loss of revenue to an existing business, etc.). 4. Would you like to inform or set up a meeting for the immediate neighbours, the surrounding block, or the entire community? If you hold a meeting to discuss the proposal it would be wise to invite the applicant. 5. Can you get your comments in by the date requested? If you cannot comment by the date requested and you need an extension (to meet with the neighbours or the applicant, for example) discuss the matter with the staff member noted on the circulation. It is important to meet the deadlines as extensions will be given only in exceptional cases. If you will not have written comments please call the contact person, on the circulation sheet to let them know not to wait for your comments. 6. Do your written comments: 98 Provide planning rationale in support of or against the proposal and identify any important issues you feel should be addressed. It does not A Community Guide 2008 Chapter 5: Implementation Planning help the staff if you just oppose or support a project without giving reasons. Where appropriate, make suggestions to improve the proposed project and reduce any impacts it may have. Express your opinions using planning concepts (e.g., height, mass, parking) not personal preferences. Include comments and concerns from all positions in your response to The City and note when a specific concern is limited to a particular group. There may be disagreement between the neighbours of a proposed development and the general community membership. Do not include a “community decision” in your comments. City staff cannot (and do not) consider whether a community has voted to “accept,” “support” or “reject” an application. The planners are interested in the problems the application may raise and how they could be addressed. 5 7. Development Permit decisions are made by the Development Authority, which is either a designated City official or the Calgary Planning Commission (CPC). 8. Approvals of discretionary use and permitted use with relaxation development permits are advertised in Thursday’s Calgary Herald. Affected members of the public and the applicant may appeal development permit decisions through the Subdivision & Development Appeal Board. Development Approval Questions How is the public informed about Development Permit applications? The community association is circulated most significant discretionary applications. • In some cases, the applicant may meet with the community association and neighbours. • The site is notice posted when required by the Land Use Bylaw. • Approvals are advertised in the Calgary Herald every Thursday. • New Development Permit, Land Use and Subdivision Applications are posted on The City website every Tuesday, broken down by Community and Ward. Go to www.calgary.ca > search: “Planning Application Listings”. The register of all applications is also available at the Records Information Management Centre, 3rd Floor, Municipal Building. A Community Guide 2008 / Federation Update 01.2012 99 Chapter 5: Implementation Planning Contextual Rules in the Developed Area The Land Use Bylaw divides the city into Developed Area and Developing Area (See map in Chapter 2, D). In the Developed Area, property owners want assurances that redevelopment and additions will respect the pattern of development already established. Contextual rules mean that new developments must take into consideration existing building height, massing and setbacks of neighbouring properties. Residential districts for use only in the Developed Area contain a “C” in the district notation (e.g. R-C1, R-C2, M-CG, M-C1) for “Contextual.” While every land use district in the Developed Area contains some rules to help new buildings fit into the existing context, most of the contextual rules apply to the use of a Contextual Single Detached Dwelling. A Contextual Single Detached Dwelling, for example, is a permitted use in the Developed Area. The contextual rules help to ensure that this built form is restricted in terms of its size, length, mass and location on a parcel in relation to adjacent buildings. Put more simply, a new house has to fit inside a building envelope that is defined by the adjacent houses to be deemed “contextual”. As long as a Contextual Single Detached Dwelling meets all the rules in the district and the applicable General Rules, it is considered a permitted use. This permit will normally be processed faster, will not be circulated or notice posted, and is not advertised or appealable. An application for a house which does not fit the contextual definition is considered to be the discretionary use of Single Detached Dwelling. These are subject to the review of the Development Authority, and rules can be relaxed. Planner discretion is informed by site conditions, context, and policy plans such as Area Redevelopment Plans and the Low Density Residential Housing Guidelines for Established Communities. These discretionary uses are circulated for comment, notice posted, advertised and appealable. As what is contextual is determined by adjacent buildings the “context” of any parcel can change gradually over time as new adjacent buildings are built. Note: The contextual rules were adapted from the Low Density Residential Housing Guidelines for Established Communities (see the next section). Role of the Low Density Residential Housing Guidelines for Established Communities (Infill Guidelines) The Guidelines are one of the tools planners use to evaluate discretionary applications in some areas of the city. (See map following.) 100 A Community Guide 2008 Chapter 5: Implementation Planning F. Development Completion When a Development Completion Permit (DCP) is required as a condition of an approved Development Permit, the Development Completion Permit must be issued before building occupancy or use may occur. A Development Completion Permit is issued after an inspection is done to ensure that the development has met all the conditions stated in the approved Development Permit and on the approved plans. In some circumstances, a security deposit may be accepted to allow the occupancy of a building or the commencement of a use prior to the development being completed. The security deposit may cover seasonal work such as paving, landscaping, etc, and those items that cannot be completed until the next construction season. 5 G. Development Inspection Services People sometimes, through design or lack of knowledge, undertake activities that are contrary to the Land Use Bylaw. The City inspects new development to ensure that the building was built according to the Development Permit and to follow up on complaints from the public. An owner cannot depart from the approved plans without reopening the whole development permit process. If you feel that a development has strayed from the approved plans or if you think an illegal activity is taking place (e.g., an illegal suite) you have a right to make a complaint to the Development Inspection Services. Where and When to Submit a Complaint Contact City of Calgary - Development & Building Approvals. See the Contacts and Resources section. Processing Your Complaint The names of all persons lodging complaints are kept confidential. A follow-up phone call is made to the person lodging the complaint in cases that are not that visible (e.g., no calls for a fence that has been cut down). If, upon inspection, a violation is detected a verbal or written request for A Community Guide 2008 / Federation Update 01.2012 104 Chapter 5: Implementation Planning compliance is made. Generally people are told either to stop the illegal activity or to apply for the proper authorisation (e.g., development permit, redesignation) to make it legal. Usually, a two week period is given for compliance to occur. When an application for authorisation is made, enforcement is deferred unless it is an issue of public safety. If non-compliance continues then a written order is served. This can be appealed by the owner to the Subdivision & Development Appeal Board which decides whether the order is issued correctly or not. Should the written order or the Subdivision & Development Appeal Board decision be disobeyed the matter is then taken to the Provincial Court. Investigation and prosecution time can range from a few days, with voluntary compliance, to several months if court action is initiated. There are many situations that violate The City of Calgary Land Use Bylaw or the provincial Municipal Government Act. Some examples of complaints that are dealt with include: • Illegal suites in residential districts; • Over-height fences in residential districts; • Businesses in a residential district (e.g. home occupations that do not have a permit); • Recreational vehicles parked in the Actual Front Setback Area in residential districts for longer than 24 hours; • Commercial vehicles in excess of 4500 kilograms parked on a lot in a residential district; and • Location of accessory buildings in rear and side setback area. H. Business Licence Why do businesses require licensing? The City of Calgary requires certain types of businesses and/or occupations to obtain a Business Licence which shows that the business has met The City of Calgary’s licensing requirements and Land Use Bylaw requirements related to use. Before The City will issue a Business Licence for a premise-based business, the building use must be approved by Development & Building Approvals through processes such as Tenancy Change, Building Permit, Development Permit or Home Occupation permit. For Business License information contact The City of Calgary - Business Licence. See the Contacts and Resources section. 105 A Community Guide 2008 / Federation Update 01.2012 Chapter 5: Implementation Planning L. Occupancy Permission Permission to occupancy ensures that buildings comply with the Building Permit Bylaw, the Alberta Building Code, and other codes and regulations. Who is the approving authority? The Safety Codes Officer has the final decision in the approval of permission of occupancy. However, there may be other inspections involved in the process depending on what is being developed. They include: • • • • • • Fire Heating, Ventilation & Air Conditioning (HVAC) Plumbing & Gas Electrical Development Approval Health 5 M. Building Construction & Demolition Site Management Code of Practice Building construction and demolition project sites, if poorly managed, can have an unreasonably negative impact on resident quality of life in established neighbourhoods. City administration has developed a Protocol, or Code of Practice, that would serve as a guide to developers and contractors working in residential communities to build positive relationships with residents in the immediate vicinity of new project sites. In July 2008, City Council endorsed the “Building Construction and Demolition Site Management Code of Practice” and a two year pilot program for its implementation. What is the Building Construction and Demolition Site Management Code of Practice? For use as a tool by Developers and Contractors, the Code of Practice is a collection of site management-related requirements from various existing City Bylaws and provincial legislation included in an easy to use format along with new guidelines for enhanced communications with, and responsiveness to, community residents. Developer/contractor subscription to the Code is voluntary and site specific. By agreeing to adhere to the Code of Practice, A Community Guide 2008 108 Chapter 5: Implementation Planning Developers and Contractors show a commitment to site management best practices, this will result in them proactively addressing common resident and community site management concerns before they materialize and require City intervention. How do developers and contractors benefit from subscribing to the Code of Practice? Developers and Contractors who subscribe to the Code of Practice form better relationships with communities and area residents. This results in an enhanced reputation, fewer resident complaints requiring time to resolve and less time dealing with regulatory intervention by The City. How do community residents benefit from the Code of Practice? Residents will have direct access to those in control of project sites managed by Code of Practice subscribers and will be better able to have site management concerns dealt with in a timely and effective fashion. Residents adjacent to project sites will be updated on a regular basis of unusual activities at the sites that could impact them. What is the Community Association role? In the process of reviewing development applications, community associations often meet with applicants and provide them with feedback comments. During this process communities can encourage applicants to subscribe to the voluntary Code of Practice. For more information on the Building Construction and Demolition Site Management Code of Practice, contact The City of Calgary – Development and Building Approvals – Business Regulations N. Cell Phone Towers The roles and processes that govern cell phone tower placement are described in detail in the City of Calgary’s Telecommunication Antenna Structures Siting Protocols, and in the related Telecommunication Antenna Structure Procedures Manual. It is strongly advised that you read these documents, which can be found by through the search engine at www.calgary.ca. The following is only a brief overview of the issue. 109 A Community Guide 2008 / Federation Update 01.2012 Chapter 5: Implementation Planning Who approves cell phone towers? The City of Calgary is not the approving authority for telecommunication antenna structures; the federal Minister of Industry is the approving authority. Industry Canada* is tasked with administering the orderly development and operation of telecommunication antenna structures, including cell towers. In this regard, Industry Canada requires that, in certain cases, the local land use authority (e.g. the City of Calgary) and the public be consulted for input regarding the proposed placement of a telecommunication antenna structure. The terms that the City of Calgary has therefore established for addressing cell tower submissions are described in the aforementioned Protocols. The City of Calgary’s Development & Building Approvals business unit is responsible for reviewing submissions on The City’s behalf and, depending on the nature of the proposal, a letter of support (concurrence) or non-support (non-concurrence) is sent to the wireless service provider upon completion of its review of the proposal. In cases where The City does not support a proposal, it cannot prevent a proponent from ultimately gaining permission from Industry Canada to install a telecommunication antenna structure even if it contravenes The City’s telecommunication Protocols. Public consultation 5 Industry Canada *For additional information regarding Industry The City of Calgary’s Protocols describe the public consultation requirement required for cell towers deemed by The City to have potential impacts on or concerns for the community, the environment or the existing urban fabric of the city in general. These are called “Type A” applications. The City requires public consultation on: Canada’s mandate and the application of its authority please consult Industry Canada’s Client Procedures Circular CPC-2-0-03. This publication and others pertinent to telecommunications are available at http://strategis.gc.ca/spectrum. • • • Towers of any height to be placed within 100 metres of any residential development or residential district Towers of any height to be placed in areas of environmental, historic, strategic or operational importance or sensitivity as identified by the Municipal Development Plan Applications to increase the height of an existing tower by more than 25% of the existing height In these cases the application is circulated to the community association for comment, and the applicant is required to hold a public consultation meeting, including written notification to residents within 300m of the proposed tower. The applicant is required to document the meeting for their submission to the City. The proponent must demonstrate how issues raised have been addressed and subsequently resolved or, where issues have not been resolved, the brief must explain why. For applications deemed to have less impact (“Type B”), which includes cell installations on street lights and most rooftop installations, etc., consultation is not required but the application may be circulated to the community association for information. A Community Guide 2008 / Federation Update 01.2012 110 The City’s review The City of Calgary reviews and evaluates each based on land use planning criteria*. The specific elements and issues observed, reviewed, analyzed, evaluated and decided upon in reaching a decision to either support or not support a submission are predominantly, but not limited to, the following: • • • • • • • • Proposed location in a community or area Existing and proposed on-site uses and structures Adjacent sites and their existing and proposed uses and structures How close a cell tower is proposed to residential development Co-location potentials on the site and on nearby sites with other antenna structures Compliance with The City’s telecommunication antenna structures policy Conformity with The City’s MDP policies regarding historic sites and environmentally sensitive areas Design aspects of the proposal *Note: The City of Calgary does not assess any submission for a telecommunication antenna structure with respect to health and radio frequency exposure issues or any other non-placement or non-design related issues. Any questions or comments the public may wish to make regarding health issues related to cell phones, cell towers and radio frequency exposure guidelines (Safety Code 6) should be directed to Health Canada on-line at healthcanada.gc.ca and to the proponent’s representative. Industry Canada, Spectrum Management Operations Branch may also be contacted for information by phone at 403-292-4575 or by e-mail to [email protected]. 110.1 A Community Guide 2008 / Federation Update 01.2012 Appendices A. Sustainability Principles for Land Use & Mobility - updated 01.2012 B. Land Use Districts Summary Secondary Suites - updated 01.2012 C. Engage Spectrum of Strategies and Promises - new 08.2010 D. Summary of Plans & Permits Circulation Lists E. Glossary of Common Planning Jargon - updated 01.2012 F. Measurements of Area & Density - updated 08.2012 G. Index & Additions A Community Guide 2008 / Federation Update 01.2012 123 124 A Community Guide 2008 Chapter 1 Chapter 2 Chapter 3 Appendix A: Chapter 4 Chapter 5 Sustainability Principles for Land Use & Mobility Chapter 6 Chapter 7 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G A Community Guide 2008 / Federation Update 01.2012 125 Appendix A: Sustainability Principles for Land Use & Mobility Sustainability Principles for Land Use & Mobility In 2007, City Council approved the Terms of Reference for the creation of a new Municipal Development Plan. As part of the report, Council approved 11 sustainability principles to act as the over arching direction for the project, and as guiding principles for major land use and transportation studies and decisions until the plan was completed. These principles were further developed in the Plan It Calgary process that produced the MDP and CTP in 2009. See Chapter 2. How the principles were developed Three key sources of information were reviewed to develop these principles. They are: 1) Smart Growth (as defined by the two Smart Growth networks in the United States and in Canada) 2) Current City of Calgary policy including the Municipal Development Plan and the Calgary Transportation Plan 3) The imagineCALGARY Long Range Urban Sustainability Plan, which in turn used the Melbourne Principles for sustainable cities as a guide. Two Smart Growth networks exist, one in the US and one in Canada. Both have developed a similar set of Smart Growth principles. Widely used and recognized within municipal government as well as the planning and transportation professions and the development industry, these Smart Growth principles are commonly referenced and understood in the community. There are some important transportation-specific goals that aren’t clearly articulated by Smart Growth. Therefore, transportation goals were selected from the Calgary Transportation Plan (1995). In February 2004 a public survey was conducted to determine if Calgarians still supported these goals. The results indicated that Calgarians generally supported the vision and land use strategies of the 1995 Calgary Transportation Plan. The result of an extensive public and expert engagement process, the imagineCALGARY Long Range Urban Sustainability Plan includes goals and targets that provide additional direction and clarity to the sustainability principles for Land Use & Mobility. By incorporating the targets created through imagineCALGARY, the sustainability principles offer greater direction and create a “made-in-Calgary” approach to the broadly recognized Smart Growth principles. The 126 A Community Guide 2008 / Federation Update 01.2012 Appendix A: Sustainability Principles for Land Use & Mobility Melbourne Principles for Sustainable Cities, adopted by Council, were used to guide the imagineCALGARY project. How are the sustainability principles for Land Use & Mobility applied? The sustainability principles should be considered as a whole and are not to be used as individual statements. Individually, they do not provide an integrated, systems based framework for analysis that is required to achieve sustainability. Details of Sustainability Principles for Land Use & Mobility Principle 1: Create a range of housing opportunities and choices. Provide a mix of housing types and ownerships in the same neighbourhood to allow residents to live affordably in the same community throughout their lives. A mix of housing creates a more adaptable and resilient community fabric as it is able to respond to demographic changes such as aging populations, empty nesters and smaller households. Principle 2: Create walk-able environments. Create pedestrian-friendly environments with an interconnected street network to ensure walk-able access to commercial and public services and amenities. Streets and arterials are designed for walking, cycling, transit access and cars. Neighbourhoods are sufficiently compact with mixed uses to provide sustained transit service. A Principle 3: Foster distinctive, attractive communities with a strong sense of place. Create distinctive, high-quality communities designed with architectural and natural elements that reflect local conditions and the values of residents. Principle 4: Provide a variety of transportation options. Couple a multi-modal approach to transportation with supportive development patterns to create a variety of transportation options. This principle includes increasing the availability of high-quality transit service, creating resiliency and connectivity within the road networks, and ensuring connectivity between pedestrian, bike, transit and road facilities. Principle 5: Preserve open space, agricultural land, natural beauty and critical environmental areas. Maintain and restore ecosystem functions. Respect the natural functions of the landscape, particularly working agricultural land, watersheds and aquatic A Community Guide 2008 / Federation Update 01.2012 127 Appendix A: Sustainability Principles for Land Use & Mobility habitats. Design communities to integrate natural systems with human activities while placing high value on community access to natural systems and parks. Principle 6: Mix land uses. Mix land uses by having homes, businesses, schools and recreational opportunities in closer proximity. Mixed land use will provide alternatives to driving such as walking and biking while increasing transit viability. The resulting increased number of people on the street can enhance the vitality and perceived security of an area. Mixed land use is key to achieving more complete communities. Principle 7: Strategically direct and manage redevelopment opportunities within existing areas. Direct redevelopment towards and within existing areas to create and enhance places in existing communities. Stable areas will be preserved and the existing community context will be valued. Strategic intensification makes more efficient use of existing infrastructure and increases transit efficiency. Principle 8: Support compact development. Compact development supports transit viability and modes of travel other than the automobile. It also allows for the preservation of open space and more efficient use of infrastructure. Principle 9: Connect people, goods and services locally, regionally and globally. Connectivity of all modes of transportation locally, regionally and globally ensures a more effective and efficient transportation system for people, goods and services. Principle 10: Provide transportation services in a safe, effective, affordable and efficient manner that ensures reasonable accessibility to all areas of the city for all citizens. Transportation services and infrastructure should be delivered in a cost-effective and energy-efficient manner. The transportation system should provide citizens with safe, barrier-free access to services that supply reasonable access to all areas of the city. Optimally designed and operated transportation systems help to improve the quality of life for citizens, support economic development and protect environmental health. 128 A Community Guide 2008 / Federation Update 01.2012 Appendix A: Sustainability Principles for Land Use & Mobility Principle 11: Utilize green infrastructure and buildings. Utilizing ecological services provided by the environment will reduce community and environmental impacts as well as private, public and taxpayer costs of development and infrastructure. Green infrastructure can include energy solutions such as co-generation or renewable energy and water solutions such as storm water retention and recharge. Green buildings include but aren’t limited to externally certified standards such as LEED (Leading in Energy and Environmental Design), BOMA Go Green for commercial buildings and BuiltGreen(TM) for residential applications. A A Community Guide 2008 / Federation Update 01.2012 129 130 A Community Guide 2008 / Federation Update 01.2012 Chapter 1 Chapter 2 Chapter 3 Appendix B: Chapter 4 Chapter 5 Land Use Districts Summary Chapter 6 Chapter 7 Appendix A Appendix B Updated 08.2010 and 01.2012 Appendix C Appendix D Appendix E Appendix F Appendix G A Community Guide 2008 / Federation Update 01.2012 131 Appendix B: Land Use Districts Summary Land Use Bylaw Districts Summary Refer to Land Use Bylaw 1P2007 for complete and up-to-date information on the Land Use Districts. This appendix is adapted from Proposed Bylaw Summary, The Calgary Land Use Bylaw Review, City of Calgary, 2007. Low Density Residential “Low density residential” districts refer to land use districts where single detached and semi-detached housing are the most common form of development. It may also refer to some townhouse developments that occur at lower densities. As Calgary’s population exceeds the one million mark, The City is encouraging development choices that will improve the long-term quality of life in both existing and future communities. Given the large proportion of land covered by low density residential housing and its continuing popularity, this type of development will continue to shape large areas of Calgary for years to come. Overview of Low Density Residential Districts The LUB recognizes that Developed and Developing Areas have different needs (refer to page 29 to see Map of Developed and Developing Areas of Calgary) . In a Developed Area, property owners want assurances that redevelopment and additions will respect the pattern of development already established. In a Developing Area, where no established pattern of development yet exists, the focus is on ensuring efficient development and providing opportunities for innovative housing. See the end of Appendix B for a map of Developing and Developed Areas. Districts for Developed Areas In Developed Areas, the Low Density Residential districts are intended to ensure that additions to existing homes and infill developments are sensitive to the surrounding context while still allowing for some evolution of the community. The key features of these districts are “Contextual” rules intended to ensure the size and location on the lot of new developments and additions are in keeping with the existing pattern of development. 132 A Community Guide 2008 Appendix B: Land Use Districts Summary M-X1 Multi-Residential, Low Profile, Support Commercial District The purpose of the M-X1 district is to provide low profile multi-residential buildings that are compatible with lower density development and that include limited commercial uses, in both the Developing Area and Developed Area. Buildings have a maximum height of 14 metres. M-X2 Multi-Residential, Medium Profile, Support Commercial District The purpose of the M-X2 district is to provide medium profile multi-residential buildings that include limited commercial uses in the Developed and Developing Areas. A limited range of commercial uses including office, retail, personal service, convenience store, take-out food services is included. Buildings will have a maximum height of 16 metres. Commercial Commercial Development in Calgary Although commercial land districts are often associated with shopping centres and other retail use areas, they actually include a wide array of uses including restaurants, office buildings, movie theatres, medical clinics and places of worship. Commercial development occurs on different scales, ranging from neighbourhood shops and services to regional commercial centres located at strategic sites. Sites can generally be classified as being oriented to the neighbourhood, the community or the region. Commercial uses frequently follow important roads, creating a corridor of commercial activity. These locationspecific features are key in determining the rules required for regulation and what uses are appropriate. B Overview of Commercial Districts The Land Use Bylaw addresses the development requirements of commercial districts within Calgary. Designed to provide clear direction for development and accompanying parking standards, the Bylaw accommodates commercial trends as well as innovative and emerging uses. The commercial districts provide specific considerations for local context. This approach allows for more certainty and for more compatibility with surrounding development. The districts are based on existing commercial development and analysis of the trends and policies that are anticipated to influence the nature of commercial development in the future. Each district has a clear purpose which is articulated through the uses and rules applicable to that district. All districts have been designed to be used in specific settings such as pedestrian-oriented or auto-oriented and commercial nodes or corridors. District rules are also designed to reflect the character of the area the commercial site is going to serve: neighbourhood, community or regional market areas. The districts are: A Community Guide 2008 137 Appendix B: Land Use Districts Summary C-N1 Commercial, Neighbourhood 1 District Generally located in existing communities, these are typically small-scale retail and personal services in a storefront building. They are built close to the sidewalk and oriented for pedestrian access, with no parking provided in front. These developments need to relate well to adjacent properties, which may include low, medium and high density residential uses. The size is limited to prevent large operations with wide market areas from locating in these neighbourhood contexts. C-N2 Commercial, Neighbourhood 2 District These are typically small-scale retail and personal services and primarily accessed by automobile. They are adjacent to residential uses and therefore need to be developed to minimize potential impact on their neighbours. Safe and convenient access for both automobiles and pedestrians is provided. Use sizes are limited to ensure compatibility with a neighbourhood commercial site. C-C1 Commercial - Community 1 District These small to medium-scale commercial uses accommodate both pedestrian and vehicular access and are typically located along a commercial street or within a community. Landscaping and setbacks minimize impacts on nearby residential uses. These sites provide retail and commercial services to a few neighbourhoods and allow for a larger range and size of commercial uses. C-C2 Commercial - Community 2 District These medium-scale commercial uses are typically located on the boundary of several communities and feature comprehensively designed developments with several buildings. Sites have a variety of building and use sizes, shared parking and both pedestrian and vehicular access. Since these sites are larger in area and provide more parking and landscaped area, larger uses and buildings are allowed. C-COR1 Commercial - Corridor 1 District These buildings are typically small-scale retail and personal services located along pedestrian-oriented corridors with storefronts on both sides of the street. These commercial corridors are often historical or older areas where the buildings are close to the sidewalk with little or no parking in the front. New rules reinforce this development pattern by limiting automobile-oriented uses and requiring the storefront to be close to the sidewalk. C-COR2 Commercial - Corridor 2 District Typically small to medium-scale retail and personal service, this district provides a mix of auto-oriented and pedestrian-oriented buildings. These may occur along some commuter routes or at the end of pedestrian-oriented corridors. C-COR3 Commercial - Corridor 3 District Typically accommodating small to medium-scale auto-oriented services, these corridors are located along higher volume roads. Each site provides its own 138 A Community Guide 2008 / Federation Update 01.2012 Appendix B: Land Use Districts Summary Special Purpose Special Purpose Development in Calgary Special Purpose districts in Calgary include many of the land uses where Calgarians play, learn, worship, and explore nature. Some of the notable sites in Calgary that are considered Special Purpose are McMahon Stadium, Confederation Park and Golf Course, Prince’s Island Park, and community association sites. Other typical Special Purpose uses are those essential to proper functioning of the city, such as transportation routes, government buildings and land for future growth. Overview of Proposed Special Purpose Districts The Special Purpose Districts: • Include defined uses that reflect the activities allowed on a site; • Reflect the limitations the Municipal Government Act places on reserve land; • Allow for flexibility on community-use sites where there are no Provincially-specified use restrictions; • Accommodate large community institutions and places of worship. S-UN Special Purpose - Urban Nature District The S-UN district is primarily intended for natural use areas that will be preserved as natural area parkland or may have low-impact recreational uses. The district allows for limited improvements on the site and provide for passive outdoor recreational uses. B S-SPR Special Purpose - School, Park and Community Reserve District The district accommodates schools, community association uses, parks, recreation area and open spaces that are situated on land designated as Reserve pursuant to the Municipal Government Act. The district provides for both buildings and open space components and allows for limited supportive uses to be combined with the main activity. Uses in the district are limited to those allowed under provincial legislation. S-CS Special Purpose - Community Service District The district accommodates schools, community association uses, parks, recreation areas and open spaces that are not on land designated as “Reserve” under the Municipal Government Act. As there are fewer restrictions on land uses, a greater array of community uses is allowed. The district provides for both buildings and open space components and allows limited supportive uses to be combined with the main use. S-R Special Purpose - Recreation District The S-R district accommodates large-scale recreation uses and actively used or developed open space, such as parks, playgrounds and sports fields. Limited A Community Guide 2008 / Federation Update 01.2012 141 Appendix B: Land Use Districts Summary supportive uses, such as food kiosks, can be combined with the main use. S-CI Special Purpose - Community Institution District The S-CI district is intended to accommodate large-scale religious, health care and educational uses. Sites are typically large and buildings are intended for large capacity uses. The district provides for the integration of several uses and services on a single site. Rules limit the effect of the large institutional use on adjoining residential districts. S-CRI Special Purpose - City and Regional Infrastructure District The district provides for infrastructure and services needed for the operation of the city and region. It also recognizes some of uses that are under Federal or Provincial jurisdiction; for example, Calgary International Airport lands. S-URP Special Purpose - University Research Park District The district applies only to the University of Calgary Research Park. It is principally intended to provide for research and development uses. S-FUD Special Purpose - Future Urban Development District The S-FUD district is intended to be applied to newly-annexed lands and lands where future urban development is expected to occur. It discourages subdivision on annexed lands until urban development occurs. Consequently, the district provides for extensive agricultural activities to continue until the land is needed for urban development. It also accommodates approved uses existing at the time of annexation. Sites in the S-FUD district will be redesignated to another district once planning process has established the appropriate land use districts. S-TUC Special Purpose - Transportation Utility Corridor District The district provides for provincial transportation and linear utility lines. It also allows for secondary uses where there is sufficient access and where such uses are compatible with surrounding uses. Centre City Districts For information on Downtown, Beltline and East Village land use districts, see Parts 10, 11 and 12 of the Land Use Bylaw. 142 A Community Guide 2008 / Federation Update 01.2012 Chapter 1 Chapter 2 Chapter 3 Appendix E: Chapter 4 Chapter 5 Glossary of Common Planning Jargon -Updated 08.2010, 01.2012 Chapter 6 Chapter 7 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G A Community Guide 2008 / Federation Update 01.2012 155 Appendix E: Glossary of Common Planning Jargon Glossary of Common Planning Jargon For additional definitions see the Land Use Bylaw 1P2007 Part 1 – Division 2 Definitions and Methods Part 4 – Division 2 Defined Uses There are also glossaries in the appendixes of the MDP and CTP. See Appendix F for additional descriptions of Acre and Hectare and Floor Area Ratio. Acre - 4,840 square yards, or 43,560 square feet. 1 acre is about 0.4 hectares. Acreage Assessment - A method where the infrastructure costs of new suburbs are recovered by The City. Actual Front Setback Area - Means the area of a parcel defined by the front property line, the side property lines that intersect with the front property line, and a line parallel to the front property line measured at the farthest building setback from the front property line - (LUB1P2007). Address Change or Street Name Change - Approval required for street name or address change. Adjacent Land Owner - The property owner (listed on the City tax roll) of the land next to the site on which an application is being processed. Administration - A term often used to refer to departments of the City of Calgary. For example, “City Council referred the report back to Administration.” Affected Person - In the case of the Subdivision & Development Appeal Board, examples of affected persons are those who own property, carry on a business or reside in the vicinity of a proposed development. The Board determines this on a case-by-case basis. A person who merely visits the area probably would not qualify as an affected person. Airport Vicinity Protection Area Regulation (AVPA) - Provincial rules that control the type of development that can occur in areas near aircraft flight paths. The regulation prohibits noise sensitive uses in certain areas. Alberta Building Code - Minimum regulations and standards for public health, fire, safety and structural sufficiency. Amended Drawings - Required for changes to a development permit application during the review process prior to decision. Not to be confused with Revised Plans. 156 A Community Guide 2008 / Federation Update 08.2010 Appendix E: Glossary of Common Planning Jargon Community District - A distinct area of the city for which statistical data are produced. Community Association boundaries are often (but not always) contiguous with Community District boundaries. Community Reserve - See Municipal Reserve. Complaints - See Development Inspection Services. Complete Community - As defined in the MDP and CTP, a community that is fully developed and meets the needs of local residents through an entire lifetime. Complete communities include a full range of housing, commerce, recreational, institutional and public spaces. A complete community provides a physical and social environment where residents and visitors can live, learn, work and play. Complete Street - As defined in the MDP, a street designed and operated to enable safe, attractive and comfortable access and travel for all users, including pedestrians, cyclists and public transit and private vehicle users. A complete street incorporates green infrastructure and optimize public space and aesthetics wherever possible. The degree to which any one street supports different modes of transportation, green infrastructure or public space varies depending on surrounding context and role of the street. Compliance - See Certificate of Compliance Conditions of Approval - The rules that are applied to a Development Permit specific to that site. Condominium - A building containing units that are individually owned, could be a warehouse, apartment, townhouse, etc. Condominium Certificate - Required by Provincial Land Titles to ensure the building complies with City planning requirements when changing a building from one owner to multiple individually owned units. Context - The setting or surroundings of a site or area; including traffic, use, built form, landscaping, etc. Corporate Planning Applications Group (CPAG) - City staff from various business units who review and process planning applications. E Court of Appeal - Where Council redesignations or SDAB decisions may be appealed on questions of law or jurisdiction. Deferred Services Agreement - An agreement with The City that services. Things such as sewer and water, will be paid for by the developer when they become available. A Community Guide 2008 / Federation Update 01.2012 159 Appendix E: Glossary of Common Planning Jargon Demolition Permit - A type of Building Permit to move or demolish a building. Density - As a general term, it is one measure of the intensity of development. In residential development it is usually measured by units/area. In large multi-residential, commercial or mixed-use development it may be measured by Floor Area Ratio. See Appendix F for more information, and the LUB for density in specific land use districts. Density Transfer - See Bonus. Design Brief - A non-statutory plan, similar to an ARP or an ASP but approved before The Planning Act 1977. They are still in effect for some communities but are sometimes replaced by ARPs, ASPs and Community Plans. Detailed Team Review (DTR) - Is the communications document issued to an applicant that outlines CPAG’s recommendation or position on a proposed application. Developed Area - Defined by Land Use Bylaw 1P2007. It includes the area of the city that had completed initial residential development when Land Use Bylaw 1P2007 was adopted. This area is subject to different LUB provisions than the Developing Area (e.g. contextual rules). Developing Area - Defined by Land Use Bylaw 1P2007. It includes the area of the city that had yet to complete initial residential development when Land Use Bylaw 1P2007 was adopted. This area is subject to different LUB provisions than the Developed Area. Development & Building Approvals - A City business unit responsible for processing planning applications. Includes Land Use, Development, Building Regulations. Development Agreements - A contract between an owner of land/developer and The City that details the obligations of both parties regarding development fees, schedules, etc. Development Appeal Board - See Subdivision and Development Appeal Board (SDAB). Development Authority - The Development Authority is responsible for rendering decisions on development permits. The Development Authority at The City of Calgary may be a designated officer (including lead planners, principal planners, and chief development officers) or the Calgary Planning Commission (CPC) Development Completion Permit (DCP) - Is issued after an inspection is done to ensure that the development has met all the conditions stated in the approved development permit and on the approved plans. 160 A Community Guide 2008 / Federation Update 08.2010